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Hansen v. Director of Revenue7/25/2000
efuted evidence of the accuracy of the test results...." Cappiello, 895 S.W.2d at 626, citing Shine, 807 S.W.2d at 162-63.
The fifteen-minute observation requirement seeks to ensure the breathalyzer's accuracy by preventing smoking, vomiting, or oral intake of any type so that no driver's license suspension or revocation is based on false proof of intoxication. When the record shows that the purpose of the 15-minute observation requirement is fulfilled, courts admit the test results. But when a procedural flaw compromises the accuracy of the test, courts do not discount the flaw's contaminating effect. Therefore, the failure to observe the fifteen-minute requirement qualifies as a procedural flaw only when the substantive purpose of the regulation is not served.
Officer Monticelli testified that while preparing the machine for a second test, he did not observe Hansen for a period of six minutes after the invalid first test and immediately preceding the second test, but that he had observed Hansen for fifteen minutes prior to the first test. The evidence shows that Officer Monticelli and Hansen were the only people in the testing room during this six minutes. In addition, Hansen offered no evidence that she engaged in any of the activities prohibited by 19 CSR 25-30. As a result, the record supports an inference that Hansen did not engage in any of the conduct that would void the test.
The record shows that Hansen did not smoke, vomit, or otherwise place anything in her mouth for fifteen minutes prior to the administration of the second breath analysis test. Therefore, the evidence viewed most favorably to the judgment shows that the second test was performed by following the approved techniques and methods of the Department of Health. The Director properly laid a foundation for admission of the results of Hansen's second breath test. Accordingly, the Director made a prima facie case that Hansen's BAC was at least .10%. Hansen offered no evidence to rebut the Director's prima facie case. We affirm the trial court's judgment upholding the Director of Revenue's suspension of Hansen's driving privileges.
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