⏱️ One Rule That Can Make or Break a DUI Case
If you’ve been arrested for DUI in Florida and took a breath test, the Florida DUI 20-minute observation rule could make or break your case. Before giving the test, officers are required to observe you for at least 20 uninterrupted minutes. But here’s what many people — and even some lawyers — don’t realize:
👉 Before administering the test, the officer is legally required to observe you for at least 20 uninterrupted minutes.
If they didn’t? That test result could be challenged — or even thrown out.
As a Fort Lauderdale DUI defense lawyer and former prosecutor, I’ve seen this rule broken often. Let’s unpack what the 20-minute observation rule is, why it matters, and how we use it to fight DUI charges in court.
📘 What Is the 20-Minute Observation Rule?
Florida DUI rules require that before administering a breath test, law enforcement must observe the subject continuously for at least 20 minutes.
During that time, you must not:
Eat or drink
Smoke
Vomit, burp, or regurgitate
Put anything in your mouth
Be left unattended
✅ The purpose is to ensure that no mouth alcohol interferes with the results of the test — because that would create a false high reading.
Learn more about Florida’s breath testing procedures on the DHSMV website.
🧪 Why This Rule Is So Important
Breathalyzers are calibrated to measure alcohol from deep lung air — not your mouth.
But alcohol from food, drink, or gastric reflux (like GERD) can linger in the mouth and spike results.
That’s why Florida law requires a 20-minute observation to allow any mouth alcohol to dissipate.
🚫 If the officer is distracted, fills out paperwork, leaves the room, or doesn’t document the observation period properly, the test may be invalid.
📹 How We Prove the Rule Wasn’t Followed
As your defense attorney, I’ll investigate how the test was conducted by:
Reviewing breath room video footage, if available
Examining the breath test affidavit and log
Cross-examining the officer’s memory of the event
Identifying any interruptions or non-continuous supervision
💡 In some cases, we’ve shown that officers walked away or had conversations with other deputies, or even used their phones to send personal texts — all during the supposed “observation” window.
⚖️ Can This Get Your DUI Charges Dismissed?
If the breath test is suppressed or discredited, it can significantly weaken the prosecution’s case — especially in borderline BAC cases or where there’s no driving pattern, no accident, and no video evidence of impairment.
Judges may:
Suppress the breath result entirely
Allow you to negotiate a charge reduction (e.g., wet reckless)
Rule that the test results lack reliability
Many DUI cases in Florida have been challenged — and even dismissed — because the Florida DUI 20-minute observation rule was violated.
👉 Without a solid breath test, many DUI cases fall apart.
🛡️ Why the Florida DUI 20-Minute Observation Rule Matters
At Michael White, P.A., we file motions to suppress breath test results whenever the 20-minute rule is violated — and we back those motions with:
Video timestamps
Bodycam footage
Cross-examination of officers
Evidence of inconsistent documentation
✅ We know what to look for — and we use it to weaken or eliminate the State’s most damaging evidence.
📞 Facing DUI Charges in Fort Lauderdale? The Clock May Be on Your Side.
If you blew over the legal limit in a Florida DUI case, that doesn’t mean the test was valid — especially if the officer failed to observe you correctly. We’ll review your case to see if the Florida DUI 20-minute observation rule was followed — and if it wasn’t, we’ll challenge your results in court.
👉 Call Michael White, P.A. today for a free consultation. Let’s review your case — and the officer’s clock.
🙋♂️ Frequently Asked Questions About the 20-Minute Observation Rule
❓ What happens if the 20-minute rule wasn’t followed?
If the officer didn’t observe you continuously for 20 minutes, your attorney can file a motion to suppress the breath test. If successful, the results may be excluded from evidence.
❓ Can the officer multitask during the observation?
No. The officer must observe you without interruption — not fill out paperwork, leave the room, or become distracted.
❓ Is video required to prove a violation?
No, but video helps. If available, video can show gaps in observation. Otherwise, police reports, timing inconsistencies, or officer testimony can expose the violation.
❓ What if I burped or vomited during the 20 minutes?
The observation period must restart from zero if that happens. Failure to do so violates procedure and can make the test invalid.
❓ Can this get my DUI charge dismissed?
It depends. If the breath test was the key evidence and it gets thrown out, the State may drop or reduce the charges.
⏱️ If the officer didn’t follow the rules — the results don’t count.
Call Michael White, P.A. today to challenge your DUI breath test and fight back with confidence.