15min Observation Rule for Breathalyzers in Rhode Island

By: S. Joshua Macktaz, Esq.

Have you ever really thought about what to expect when you’re pulled over for a suspected DUI in Rhode Island? Many people think it’s a quick process of blowing into a breathalyzer and reciting the alphabet backward. The truth is, there are many rules and protocols to follow—for example, the 15min observation rule for breathalyzers in Rhode Island.

I’m S. Joshua Macktaz, a Rhode Island DUI lawyer with over 30 years of experience successfully defending clients facing these kinds of charges. I’m extremely familiar with defending DUI cases and the breathalyzer requirements laid out by Rhode Island law.

Keep reading to get a clear picture of the breathalyzer process and answers to your most important Rhode Island breathalyzer questions. If you still need more information or want to discuss your case, call me, S. Joshua Macktaz, Esq., now at (401) 861-1155 for your free consultation. My goal is dismissal in every single case, including yours.

The Procedure for Administering Breathalyzer Tests in RI

Before we get into details like the 15min observation rule for breathalyzers in Rhode Island, you need to understand the entire process. You’ll be better prepared if you’re ever pulled over, which is always in your best interest.

First, most DUI arrests involve more than one breath test. You’ll do a preliminary one at the time you’re pulled over, which gives police reasonable cause to bring you to the police station.

You’ll then be given a more formal breath test, and these protocols must be followed:

The officer must collect two valid, usable breath samples
Samples must be taken after you’ve been observed for at least 15 minutes
Samples must be taken within 15 minutes of each other
Samples must register similar numbers to be valid, otherwise, a third sample will be taken
If you fail to provide breath samples for any reason, you’ll be charged with breathalyzer refusal per R.I. Gen. Laws § 31-27-2.1
The officer administering your breath test must use the breathalyzer according to instructions
The breathalyzer’s accuracy must be tested for accuracy before your breath test, and the results will go on the record
The officers must take care to ensure you receive a new, uncontaminated mouthpiece for each breath test

What is the 15-Minute Observation Rule for Breathalyzers in Rhode Island?

The 15-minute observation rule for breathalyzers in Rhode Island states that, before a police officer can test your breath for alcohol at a police station, they must observe you for at least 15 continuous minutes.

But there’s another important detail to know. The rule specifically doesn’t require the officer/person administering the test to stare continuously at you. They may simply be in the same room as you, or watching a camera feed in a different nearby room.

Why is the 15-Minute Observation Period Important When Administering a Breathalyzer Test?

The 15-minute observation period is important when administering a breath test because it’s supposed to guarantee an accurate, fair result.

Think about mouthwash, for example, which contains alcohol. According to one study, you can potentially trigger a false positive breathalyzer result for nearly 10 minutes after using mouthwash.

The 15min observation rule for breathalyzers in Rhode Island is designed to prevent this exact scenario. So long as you don’t eat, drink, or put anything near/into your mouth for 15 minutes, your breathalyzer results should be hypothetically accurate.

Is the 15-Minute Observation Rule Different for Roadside Breath Tests Compared to Those Conducted at a Police Station?

Yes, the 15min observation rule for breathalyzers in Rhode Island is different for roadside breath tests. In fact, there’s no observation period or rule whatsoever for RI roadside breath tests.

The purpose of a roadside breath test is to establish probable cause. Said another way, this is a police officer’s way of justifying bringing you down to the station. And whether you’re given a roadside breath test or field sobriety test, failing either gives the officer what they need.

This is another reason I always recommend that my clients politely refuse the field sobriety tests, don’t admit to drinking any alcohol, and then take the breathalyzer down at the police station.

As your DUI lawyer, I’ll work to get those readings from the station legally suppressed—meaning they can’t be used against you in court.

What Should the Individual Being Tested Do During the 15-Minute Observation Period?

During the 15-minute observation period, it’s crucial to remain calm and not incriminate yourself. From the moment you’re pulled over, focus on not admitting to drinking any amount of alcohol. Keep this focus during the 15-minute observation period.

Besides not admitting to drinking, try to remain calm. Failing to provide a valid breath sample will result in breathalyzer refusal charges.

And remember, you don’t get an infinite number of attempts—you normally get just 3. If you don’t blow hard enough or fail to follow directions because you’re panicked, you’ll face additional consequences. These include:

Fines up to $500
Up to 60 hours of community service
License suspension for 6 to 12 months
Mandatory alcohol education program attendance

How Can Individuals Protect Their Rights and Ensure Proper Adherence to the 15-Minute Observation Rule During a DUI Stop?

You can protect your rights and ensure proper adherence to the 15-minute observation rule during a DUI stop by hiring an aggressive, experienced, and focused Rhode Island DUI attorney like myself, S. Joshua Macktaz, Esq.

You see, I have 30 years’ worth of advice, tips, and guidance to offer on the best ways to navigate a DUI stop. But how likely are you to remember these critical details when you’re facing arrest?

According to the data, not very. The high stress and anxiety of this situation can cause you to forget important details, struggle with focus, or both.

The sooner you contact a Rhode Island DUI attorney during your DUI stop and arrest, the sooner you can start protecting your rights. And while every DUI case is different, I’ve truly seen, heard, and defended it all in my 30+ year career. Was the 15min observation rule for breathalyzers in Rhode Island not adhered to during your DUI stop? Or maybe something else happened that violated your rights?

As a former RI state prosecutor, I defend my clients aggressively and personally—I’ll be by your side the entire way, working to get your case dismissed and expunged. No matter what the circumstances of your DUI are, call Rhode Island Breathalyzer Refusal Lawyer S. Joshua Macktaz, Esq. now at (401) 861-1155 for your free consultation.