Answer:
Skipping or interrupting Colorado’s required 20-minute observation period can undermine a breath test because mouth alcohol may create an artificially high reading.
Before an evidential breath test in Colorado, the subject should be closely and continuously observed for the required period. The observation is intended to reduce the risk that burping, regurgitation, drinking, or another event leaves alcohol in the mouth.
Mouth alcohol can produce a reading that is higher than the person’s actual breath alcohol level. If the officer did not complete a proper 20-minute observation, the accuracy and admissibility of the result may be challenged.
Body-camera footage, testing-room video, and official records can help establish what happened. A Denver DUI lawyer can review that evidence and assess the breath test.