Three wildlife and fisheries agents did an intoxilizer test on my husband. One of the agents walks out of the PEI room and jail area and comes back. My husband said he and another one turned their backs and turned around to him handed him the tube and said blow on this. My husband had already blew. The one on the machine had made him blow ( He said blow, blow blow) the test was stopped. then the other part happend. The thing is that my husband drank diet coke all day. None of us saw him drink anything but diet coke. and the test result came out .168. Now , my husband made a complaint on a wildlife and fisheries boat three days before for speeding in a no wake zone and he called and reported them because his friend fell in the boat and hooked his finger on a fishing hook.
Sound suspicious to me, does it to you. That agent that left could have went put something on his finger and touched the tube. Is it legally right for the agent to leave the room and come back?
1 Answer from Attorneys
He should have demanded an immediate blood test at the closest ER or Urgent Care facility. Once he blows he has a right to a blood test. He lost his opportunity to have the blood test taken. There is nothing wrong with someone leaving the room. It is illegal to tamper with the test. If he has good proof he drank nothing but diet cokes, ie bunches of people who were with him during the day before he was arrested, then take it to trial. Otherwise the only thing you can do is seek help from the FBI or the state Attorney General.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
