As mandated by the vehicle code section 1547(c)(1), the Department of Transportation regulations as set out in the Pennsylvania code prescribed the minimum required breath test procedures. When you meet with your Chester County DUI lawyer, you should discuss the process for your breath test. These regulations require that the person to be tested with breath test equipment be under observation by a police officer or certified breath test operator for at least 20 consecutive minutes immediately prior to administration of the first alcohol breath test given to the person, during which time the person must not have ingested alcoholic beverages or other fluids, regurgitated, vomited, eaten, or smoked.
Custody of the person may be transferred to another officer or certified breath test operator during the 20 consecutive minutes or longer. As long as the person to be tested is under observation for at least 20 consecutive minutes prior to initial administration of the alcohol breath test. This is outlined in the case of Commonwealth v. Snell. Although the Commonwealth must prove the aspects of the testing process by a preponderance of the evidence, the observation of the driver does not mean that an officer must have his eyes on the drivers mouth 100% of the time. In the case of Commonwealth v. Snell, the Commonwealth met their burden and there was nothing to suggest that the defendant was out of an officers observation or view for any significant period of time. The regulations also require that 1) breath tests must be conducted by a certified breath test operator, 2) accuracy inspection tests and calibrations conducted using breath test equipment must be performed by a certified breath test operator, the manufacturer, or it's authorized representative, or a person who has received comparable training or instruction; and 3) the alcohol breath test, accuracy inspection tests, and calibrations conducted using breath test equipment must be performed in accordance with excepted standard procedures for operation as specified by the manufacturer of the equipment or comparable procedures. This is outlined in § 77.24.