Walk v. State, Dept. of Licensing

— WAC 448-13-040 requires several safeguards that must be “observed by the operator” before a BAC Verifier DataMaster test is performed. The operator must determine that the person does not vomit, eat, drink or smoke at least 15 minutes prior to the administration of the BAC test. WAC 448-13-040.

Larry Walk was arrested for driving under the influence. An officer—not the BAC operator—observed Mr. Walk for the required 15-minute period before the operator administered the BAC test. The first question here is whether the officer who conducts the BAC test must actually observe the suspect during…