If I Get a DWI, Why Does the Observation Period Matter so Much?

If you find yourself pulled over by law enforcement on suspicion of driving under the influence of alcohol (DWI), it's essential to understand the procedures in place before any breath tests are administered. In Minnesota, an "Observation Period" must take place prior to a suspect providing a breath sample. In this article, we’ll delve into the significance of this observation period and its potential impact on your DWI case. If you are facing a DWI charge, contact Jack Rice Defense for a free confidential consultation at 651-447-7650 or 612-227-1339.

“No matter the result of the test, if the cops screw up the observation period, we might be able to throw out the result.”

DWI Observation Period Explained

Under DWI law here in Minnesota, officers are mandated to observe a driver for a minimum of 15 minutes before administering a breath test. This observation time is critical because residual alcohol in the mouth can skew the breath test results. For instance, if a driver just consumed a drink or has been burping, alcohol remnants can inflate the test readings. The intention behind the 15-minute observation period is to ensure that any mouth alcohol has dissipated before the breath sample is taken. In other words, it could invalidate the test.

During this observation period, officers are tasked with monitoring the suspect for specific behaviors, including:

• Consumption of alcohol

• Burping

• Vomiting

• Belching

If any of these actions occur, the observation period is supposed to reset. However, it’s important to note that deliberately trying to manipulate the situation, such as burping at intervals to delay the test, can have detrimental consequences akin to failing the test itself. This is called Test Refusal and could result in more serious criminal DWI charges.

“When we handle your DWI charge, the reason we look at everything is because our intention to purposely and aggressively represent you and to protect your legal rights.”

Consequences of Failing to Observe Properly

If law enforcement fails to adhere to the mandated observation period, your attorney may be able to have the breath test evidence excluded from the case. In the absence of reliable breath test results, the prosecution may struggle to build a strong case against you.

For instance, if an officer arrests someone on suspicion of DWI and administers a breath test only five minutes after arriving at the station, the observation time shouldn’t include the transit period, as the officer is unable to monitor the suspect’s behavior while driving. Such scenarios have led courts to suppress breath test results, underscoring the need for strict adherence to the observation guidelines.

While violations of the observation period are uncommon, they can easily be overlooked, especially if you are representing yourself in court. Evaluating whether the officer followed the required observation protocol is just one way Jack Rice Defense can assist you in strengthening your defense. Law enforcement must follow established procedures during DWI arrests, and any failure to do so could lead to the suppression of critical evidence or even the dismissal of your case.

If you are facing DWI charges in Minnesota, reach out to Jack Rice Defense for a free, confidential consultation at 651-447-7650 or 612-227-1339. When your job, family, and future are at stake, make sure you have Jack Rice Defense advocating on your behalf.