City of McHenry v. Kleven

Defendant was charged with driving with a breath-alcohol concentration of 0.08 or more and DUI. Court erred in granting his motion to suppress result of breath test Defendant took at police station. Although officer deviated from the prescribed procedure in that he failed to continuously observe Defendant for the full 20-minute period, video of Defendant in booking room shows that during officer's absences from the room Defendant did not commit a disqualifying act. Thus, officer's failure to continuously observe Defendant was not fatal to reliance on the result of the breath test. (McLAREN and BURKE, concurring.)