I got charged with OVI. I have been studying how to defend myself (I do plan on hiring an attorney asap). I read that there is a possibility of interference from radios and cell phones. I checked my T-Mobile phone log because I knew I was sending/receiving text messages right before being administered the breath test.
I was given the test at 3:01am.
I received texts at: 2:36am, 2:57am, 3:00am.
I sent texts at: 2:36am, 2:48am, 2:58am.
I don't think the officer knew immediately that I was texting because he did tell me the last time to put it away. He was doing paperwork and setting up the machine, which I think is violating the 20-minuet observation period (I don't think there was a full 15-20 minuets I was observed without interruption/him being distracted with other things.)