People v. Chiaravalle

Defendant was charged with DUI, and filed request for hearing and petition to rescind the statutory summary suspension. Defendant argued arresting officer failed to properly administer the breath test. Officer, who administered field sobriety test and breath test due to cold weather, substantially complied with the 20-minute observation requirement through use of all officer's senses. That officer had his back turned to Defendant and periodically checked him did not render test invalid. Officer was along in room with Defendant, and did not hear any sounds indicating that Defendant was bringing any alcohol up (as in belching or vomiting). (HARRIS and STEIGMANN, concurring.)