State v. Bauerle

In State v. Bauerle, 11th Dist. No. 2007-L-078, 2008 Ohio 1493, the defendant contended the breathalyzer test was invalid because she had gum in her mouth during the 20-minute period before the breathalyzer test was administered. The officer administering the test said that he watched her for the entire period and that he did not see anything in her mouth. The state offered the testimony of a forensic toxicologist, who said "it does not matter if something is in one's mouth as long as it was not put in one's mouth during the twenty minute observation period." Id. at P13. In these circumstances, the Court held the breathalyzer test was administered in substantial compliance with the regulations.