Is it legal for a cop to want to give you an additional breathalyzer if the first one was inconclusive?
912486
Not legal, I had this happen, passed their breath test and they held me 4 hours til I submitted to a blood test.  Also, no lawyer or phone call.  Not only did I win my case, but sued for false imprisonment and settled for 500 grand plus lawyers fees.
979296
to correct information put out by the press or media, i would imagine you could contact them and ask about a retraction, as for the cops i don't see them doing anything as it is not their area to handle these kinds of matters. If the publicity causes pain and problems for you Godson, then it becomes a legal matter and getting an atty. probably will be the best answer for a resolution. Best of luck.
88082
Every state has different laws.  Most states require a showing of intoxication or impairment on drugs.  The .08 standard is only a "per se" level for alcohol, meaning that it is illegal regardless of the level of intoxication.  (Most people do not show obvious signs of intoxication at .08, but it is illegal to have a BAC in excess of .08 because the legislature says it's the law.)  Prosecutors often times can pursue charges below .08 if there are signs of intoxication or impairment.\n\nA few states have adopted "per se" limits for illegal substances.  Michigan, where I practice DUI defense, is among one of these states.  Here, the legislature has passed a law that "any amount" of a schedule 1 drug qualifies as drunk driving.  In Nevada (last I checked), the law said 3 ng/mL of THC.  Other states that have passed these types of laws have different levels, and other drugs have different cutoff levels.\n\nI would suggest you contact an attorney from the National College for DUI Defense in your state if you need help on this type of a charge.
661374
I'm not aware of the law here, but i guess we are talkin about two different scenarios here. Under influence or alcohol intoxication and Induced hypnosis under sodium pentothal in controlled enviornment. The second one might be helpful to generate pertaining information. But i have a strong hunch about evidence being gathered under both scenarios to be inadmissible in the court of law
882105
One the models I've seen they replace a cartridge. The old one is placed into evidence and can be retested if needed. I read that some DUI were dropped after the defense asked for the cartridge to be retested only to find that the police tossed them out.
823177
That's a huge fish story.....true or not. My first question comes from the first arrest as why you didn't go down to the local police station and have your vehicle checked by a drug dog to avoid the second incident. I then wonder why, after the first arrest, you didn't head to your local doctor and get a blood test proving you were not using. This doesn't appear to have been done for the second arrest either. So, what you are left with is a mountain of evidence against you. Considering these are both felonies, any deferment, agreement, plea deal you make will instantly make you a convicted felon, a label that lasts a lifetime. Tread carefully grasshopper, you are in very dangerous waters.
118275
time restarint shouldnt matter, if you have been drinking dont take the breathalyzer test under any circumstances. they cant force you. you may lose your license for a year or whatever but if you flunk the test then you lose your license and it goes on your record. unless your stumbling drunk and they can prove it on video how are they going to prove your drunk without hard evidence\n\njeff
560291
Yes. I read many of the responses to your question. I have written DUI tickets and even arrested fellow cops for DUI. I don't write fellow cops speeding tickets or other types of tickets unless there is an accident involved. Every job has its perks, not getting tickets is one of ours. We put our lives on the line for scumbags and decent people everyday. I'm not going to give another cop a ticket for going 20 miles over the speed limit.
524047
more accurate then a breathalyzer and definitely a good tool to get drunk drivers off the road. And if a person has nothing to hide, why refuse to submit to one? If you're drunk you'll get caught one way or another
335810
A police officer has the legal right to breathalyze anyone he or she suspects of having used alcohol. A passenger, not driver - passenger, in a car can be charged with public intoxication if they are over the legal blood alcohol limit. Unfortunately, there are police officers in Texas who are now going INSIDE bars to breathalyze people and giving public intoxication tickets, even if they did not drive to the bar, and are not driving home. Fortunately, the vast majority of cops will not give a ticket someone riding in a car drunk, if the driver is sober. Usually this will only happen if the intoxicated person is belligerent or aggressive, and disrupting the safety and process of the traffic stop.\nAlso, if the passenger is underage, ANY trace of alcohol will result in at least a ticket for minor consumption. If under 18 years of age, each state has different laws concerning minors.
354394
Okay, your plate light was out. What brought on the search and siezure? What was the probable cause to search? Did he smell marijuana emanating from the pipe? If the cop had no indication that you were intoxicated and just pulled you over for a lite out with no other indication for a search then you are being played. The officer should have notified you of said search and the reasons why. What state did this happen in?!
719480
Okay, I am in the UK, so I can only answer for UK. Here they would ask you to provide a breath test at the road side.\n\nIf you failed to provide a test, or refussed or provided a positive test. Then you would be taken to police station to provide another test, this is the one that would be used in court, (also possibly a blood test).\n\nThey would also take you to the station if they believed you had caused an accident or you were abusive when stopped.
299908
Yes, it's still legal.\n\nAll that a cop needs is reasonable suspicion to stop a vehicle. \n\nArticulable facts concerning contraband can also permit a stop, without a traffic infraction.\n\nIt's also written into the legislation that they can stop to check for driver's licences and random breath tests. They don't even have to see you do anything wrong, and they can quite literaly pick people out at random if they choose to.\n\nThe fact that he found an illegal substance and beer in your car will DEFINITELY NOT sit well w/ the judge at your hearing in court...
248446
That depends on the crime.  Usually, there is no enhancement for a second offense, but a judge takes it into consideration on punishment.  Certain offenses, such as drunk driving and DWLS, carry additional penalties for a second and subsequent offense within a certain number of years.  So, for example, an OWI 2nd within 7 years raises the penalty from a 93 day misdemeanor and restricted license to a 1 year misdemeanor and revocation of your license.
895582
Are you sure it wasn't a DUI?  It seems like it should have been.  Did the officer give you a breath test or anything to determine your Blood/Alcohol?  Did he perform field sobriety tests?  If not then the judge will not know if you were impaired or if you were even over the legal limit.  Usually judges don't ammend charges anyway.  They make a decision on what the officer gives them.  They don't just go adding charges that can't be proven.
136866
yes you can request a copy, but as far as i know there is not limit on dui reporting so always list it and the date so they can see it and if its been 10 years and you have a clean record there should be no problem.
857907
Sometime police wait until the registration information comes back from the dispatcher (we don't have computers in our cars here and have to get the dispatcher to check). Sometimes the computer is very slow and it takes a while.  The police officer may have been waiting for a safe well lit area to stop you in or may have suspected you of drunk driving and was observing your driving to see how you were doing.  He could also have been waiting for backup to get closer.  We usually don't stop vehicle unless we notify the dispatcher first, if there is lots of officers on the radio, you have to wait for airtime.  Lots of reason for not stopping you immediately.  If the officer did not lose sight of your vehicle you are out of luck.  Take it to court and see what happens.