Breath, Blood & Urine Testing

What is the 20-minute observation period before a breath test?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
A rule requiring the operator to reasonably ensure you haven't put anything in your mouth or regurgitated for at least twenty minutes before the test. It doesn't require continuous staring.

The purpose is mouth alcohol. Alcohol lingering in the mouth from a burp, from regurgitation, or from something recently swallowed can produce a reading that doesn't reflect what's in the blood. The waiting period is meant to let that clear.

Most descriptions of this rule online overstate it. Rule 11D-8.007(3) requires that the operator, inspector, or arresting officer *reasonably ensure* the subject hasn't taken anything by mouth or regurgitated for at least twenty minutes. Florida courts have held that continuous face-to-face observation isn't required and that minor deviations won't invalidate a test.

What the rule does require is that the officer be positioned to see and hear the person for the full period. An officer doing paperwork in another room, or watching a monitor intermittently, is a different situation from one who glanced away twice.

The State bears the burden of showing substantial compliance.

The question isn't whether he stared for twenty minutes. It's whether he could see and hear you. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.