In a criminal matter, evidence can only be presented against you if it has been collected properly. As we’ve said on this blog on many occasions, the ends can’t simply justify the means. If proper protocols are not followed, a good defense attorney will get that evidence thrown out, which can make or break your case.
There are a number of different protocols that will need to be followed if the state is attempting to collect evidence in a DWI case, and one such procedure they need to follow is known as the Observational Period. But what is the Observational Period, and why is it important for your DUI defense? We explain why the Observational Period is in place during standard DWI cases in Minnesota.
What Is The Observational Period?
If you are pulled over and placed under arrest for DWI, you’ll be taken back to the police station where an official measurement of your blood alcohol concentration will be taken. This is typically conducted via a breath test, and the driver will be asked to submit two samples. The lower of the two samples will be used to determine the alcohol concentration at the time of booking. This test should not happen instantaneously upon your arrival at the station, as law enforcement are required to recognize the Observational Period when collecting a breath sample.
The rule regarding the Observational Period states that an officer must observe a driver for a minimum of fifteen minutes before having them submit breath samples. The reason behind this Observational Period is because residual mouth alcohol has the potential to artificially inflate a breath test reading. It is generally held that the risk of the presence of mouth alcohol dissipates after fifteen minutes, so in order for an accurate test to be conducted, the officer must observe the driver for at least 15 minutes prior to testing.
The officer isn’t just watching to ensure the driver doesn’t consume more alcohol, they are also looking for actions that could lead to alcohol making its way back into the mouth. For example, burping, belching and vomiting could all reintroduce alcohol into the mouth area, so it’s important the officer ensure none of these actions occur within 15 minutes of testing. If they do, it’s possible that a lawyer could challenge the accuracy of the test based on an invalid Observational Period.
We’ve seen cases where officers say that the Observational Period began while they were driving the suspect back to the station, but it’s impossible for an officer to conduct an accurate Observational Period while their eyes are on the road and the suspect is in the back seat. If there is a potential issue with the Observational Period timeline, or you were not observed as required before testing, let your lawyer know. It could end up leading to the suppression of the breath evidence, and without that, the state’s case may crumble.
At the end of the day, police have certain regulations that must be followed when collecting evidence, and if they don’t follow these rules, a good lawyer will pounce. Let us go to work on your defense and ensure all evidence was collected and handled properly. For more information, or for help with a different criminal issue, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
