DUI Breath test Substantial compliance with 20 minute rule not followed

Jun 28, 2021

Criminal law — Driving under influence — Evidence — Breath test — Substantial compliance with administrative rules — Twenty-minute observation period — Where breath test operator did not communicate delegation of duty to observe defendant to fellow officer to whom he allegedly delegated that duty, and video recording reveals that fellow officer was not concerned with watching defendant and that operator was occupied with tasks that took his attention away from defendant during time that he was in room with defendant, state has not established substantial compliance with twenty-minute observation period — Motion to exclude breath test results is granted.

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