Breathalyzers
If your first breathalyzer test reads .071 and the police have you do it again right away and you cough during the 2nd one and it reads over .08 do they have to give you another one if you ask or can they just use the 2nd number?
1 Answer from Attorneys
Re: Breathalyzers
Thank you for your inquiry.
Police are not required to give additional breathalyzer tests when investigating a DUI. However, if your tests are that close to the legal limit I would say that you have adequate grounds to challenge any DUI charge predicated on the breathalyzer results.
My office handles all DUI matters. For misdemeanor DUI we charge a flat fee of $1,200.00 and offer payment plans and credit card acceptance.
If you'd like to schedule a free consultation to more fully discuss your matter contact my office at your convenience.
Best Regards,
Jim Herbe
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