Can i fight a .013 minor consumption if the officer didnt show me my results of the breathilizer? He was a dnr officer who didnt seem like he knew what he was doing. I was not driving i was in a fishhouse icefishing. He breathalized me inside a fishhouse that had no open containers and then left. he came back inside 15min later with my ticket and gave me back my liscense and didnt tell me what i blew but on my ticket it says .013. shouldnt he have shown me the results right after i blew instead of not showing my at all? Am I better off just paying the fine or can i get the charge dropped?
2 Answers from Attorneys
The officer is not required to show you the results, unfortunately. However, the level described is statistically insignificant and can be argued not to show a consumption of alcohol. A review of the evidence would be necessary to devise proper defense.
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Police Officers are not required to show you the results of a PBT test. Actually, the officer is not required to give you a test. The only requirement is that the officer can articulate that you appeared to have consumed alcoholic beverages based on your appearance or behavior. They take into account things such as red, bloodshot eyes, the smell of alcoholic beverages on someone�s breath, walking in an unsteady manner, and overall appearance etc.
Whether you wish to fight it or not is your decision, but it would probably not be cost effective to hire an attorney.
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