Can the failure to conduct observation period before breath test be ground for dismissal in Oregon? 3 Answers as of June 22, 2011

On the citation the time of my arrest was 2:56 and on the breath test report (0.07 bac) the stamp time is 3:06. I understand a 15 minutes observation period is necessary. Can the test be dismissed as evidence?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Rankin Johnson IV, LLC
Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
The evidence you describe doesn't establish that the police officer didn't follow the fifteen-minute period, but it's possible. Further, the .07 result is below the legal limit, so even if it comes in, you may be acquitted. You need to talk to your attorney about it.
Answer Applies to: Oregon
Replied: 6/22/2011
Jared Justice Attorney at Law
Jared Justice Attorney at Law | Jared Justice
That could be argued as a basis for dismissal, but it is not a guarantee. That issue is an excellent issue for a DMV hearing; which must be requested within 10 days of the arrest.
Answer Applies to: Oregon
Replied: 6/22/2011
Law Office of Jonathan T. Sarre
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
Failure of the police officer to do the 15 minute observation period will likely result in suppression of the breath test result (although it being under .08 may be something you would want a jury to know). If you blew over a .08, the 90 day suspension the DMV gives you would also be invalidated.
Answer Applies to: Oregon
Replied: 6/22/2011
Click to View More Answers: