DWI
15-minute observation explained
On driver’s appeal de novo from the Director of Revenue’s discipline of driver’s license, for driving while intoxicated, the Director must show probable cause to stop the driver and blood alcohol above .08 percent. The latter depends in part on testing procedure, which includes 15 minutes under examination for any contamination of driver’s mouth, and observation to prevent such contamination. Observation means proximity sufficient to “reasonably ensure, using the senses of sight, hearing, or smell, that a test subject does not smoke, vomit, or have any oral intake” and expressly does not require direct observation.
Payton Chiann Comer vs. Director of Revenue, State of Missouri
Missouri Court of Appeals, Western District – WD85493
