When a field sobriety test or breathalyzer is not administered at time of traffi
Recently I was stopped by an officer who had stated he would find a reason to ''get me''. He followed my for about one half mile and turned on his lights. I went about two blocks before pulling over, he pulled me out of my vehicle
through me to the gound handcuffed me and took me straight to jail for failure to use a turn signal and failure to yeild to the red lights. I had consumed about a pint of alcohol right before getting in my car and this whole incident took place within 5 minutes of the consumption. However after being at jail for an hour he gave me a breathalyzer test and of course by this time the alcohol had emptied from my stomach and was in my bloodstream. I blew a 2.5. I told him that if he had done the beathalyzer and field sobriety test at the time of the actual arrest I would have passed, and did not feel he could add a DWI to the charge. I was not under the influence at the time of the arrest and had not been drinking while driving. I know it is not a good idea to drive after drinking but at the time of my arrest and while he followed me home the only thing he could find to pull me over for was the alleged failure to use a turn signal and his feeling it took me too long to yeild to his red lights.
1 Answer from Attorneys
Re: When a field sobriety test or breathalyzer is not administered at time of tr
Law enforcement officials do not have to give anyone a roadside breathalyzer at the time of the traffic stop. In fact, they are suposed to wait at least twenty minutes while they observe the suspect to be sure that the suspect does not ingest anything during that time. Drinking a pint of alcohol and then driving was certainly a mistake, and then continuing to drive after the officer told you that he was out to get you was another mistake. In any event, you should certainly hire an attorney to represent you on all charges as soon as possible.
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