Administration of a Breath Test: Requirements

(1) A breath test of an arrestee must be administered in accordance with M.G.L. c. 90, § 24K and 501 CMR 2.00. Neither the statute nor the regulations create an obligation upon law enforcement to administer a breath test to a person who has been arrested for operating a motor vehicle while under the influence of intoxicating liquor or a related offense. (2) An arrestee who has been offered a breath test and who consents to submit to a breath test, shall be administered a breath test using a certified breath test device within a reasonable period of time. (3) The BTO shall observe the arrestee for no less than 15 minutes immediately prior to the administration of the breath test. If the BTO has reason to believe the arrestee has introduced any item into his or her mouth, the 15 minute observation period shall be restarted. Also, if during the test sequence, the breath test device reports the presence of mouth alcohol, the test sequence shall end. The 15 minute observation period shall be restarted and a new test sequence shall be started. This observation period is designed to allow the dissipation of mouth alcohol. (4) The breath test shall be valid and the results admissible in a court of law if it complies with 501 CMR 2.14.