A person passes all field sobriety test and the cop doesn't arrest the person. However he still takes them in but not arresting them. One they get there they failed the breath test and then was booked for dwi. Do they have a leg to stand on?
Asked on 2/28/11, 9:34 am
1 Answer from Attorneys
Chad Oldham
Oldham Law Firm, PLLC
Ummm. What makes one think they were not arrested? Clearly a custodial arrest was made as the individual was taken into custody and transported to a station for breathalyzer analysis. As long as there was probable cause for the stop and the DWI disclosures and consents were done, then you have a difficult case.
Answered on 3/10/11, 9:06 pm
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