Belch Requires Restarting of 15 Minute Waiting Period

Today the COA reversed an ALS license suspension where the officer did not restart the 15 minute waiting period after the driver belched. "[W]e conclude that the hearing officer erred in holding that the 15-minute monitoring period need not be restarted when there is a belch that is not accompanied by regurgitation, for that holding is inconsistent with the Intoxilyzer 5000 Manual."

The COA also distinguishes this case from State v. Charan, which is always a good thing for the driver.

Nice job and congratulations to Matt Roker!

In The Matter Of The Driving Privileges of: Gordon C. Schroeder, http://www.isc.idaho.gov/opinions/Schroeder%20v%20Dept%20of%20Transp.pdf