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The texas administrative code provides that “ [a breath test] operator shall remain in the presence of the subject at least 15 minutes before the test and should exercise reasonable care to ensure that the subject does not place any substances in the mouth. A police officer must observe a person for at least 20 minutes prior to administering a dui breath test in order to ensure that the person has not taken anything by mouth or regurgitated. Each of these authorities mandate an uninterrupted observation period of at least 15 minutes
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The observation period begins with the officer conducting a mouth check. What is the 20 minute observation period in a dui case The 20 minute deprivation period is also called an observation period to ensure that nothing is placed in the mouth of the tested individual that may affect the results of the breath test.
The operator must type yes when intoxilyzer 9000 prompts the operator to confirm that a currently certified operator has completed the 15 minute waiting period.
The observation period is a mandatory step for the officers to take An operator shall remain in the continuous presence of the subject at least 15 minutes immediately before the test and should exercise reasonable care to ensure that the subject does not place any substances in the mouth. The theory is that during 15 minutes, whatever got introduced into the mouth would evaporate or would dissipate, so that it won’t affect the test. (that’s due to a problem with breath testing
Mouth alcohol can skew a result dramatically upward.) However, if they select no, the intoxilyzer will not permit the officer to continue.
