|
P0336 In a driver's license suspension proceeding before the Department of Motor Vehicles, the requirement that a breath sample for blood-alcohol testing be collected only after the subject has been under continuous observation for at least fifteen minutes, during which time the subject did not ingest alcoholic beverages or other fluids, regurgitate, vomit, eat, or smoke was satisfied by an officer's presence while the subject was confined to the back of a patrol car for 25 minutes before performing the breath test, during which time the subject did not eat, drink, smoke or vomit.
MANRIQUEZ v GOURLEY (Continuous Observation) 105 CA4 1227 [See: VehC 13353.2; CCR Title 17, 1219.3; Petricka v DMV 89 CA4 1341, P/AT 7/01]
|
|