Collins v. Director of Revenue

GARY D. WITT, Judge.

I concur in the result and analysis of the Majority opinion. I write separately to emphasize the importance of the fifteen-minute observation period in reaching a scientifically reliable result on the breathalyzer test and to suggest that it may be time for the Missouri breath alcohol testing program protocols to be updated to comply with the standards in the industry.

The breathalyzer test is a scientific instrument designed to produce as accurate of a result as possible when used properly. As with any scientific instrument, there are necessary protocols for its proper…