I was arrested for D.U.I.I in Oregon
I was arrested for Dui in oregon and they made me remove my chew from my mouth to take the breathalizer test. the officer looked for a cup for water to rinse my mouth and couldnt find one. the officer then got a bottle out of his patrol car, unlabeled and offered it to me. the officer then asked me if i had recently taken any mouth was or anything lately. i responded not that im aware of. if the officer didnt enter the said bottle into evicence could i have the breathalizer thrown out based on my not knowing for sure what was in it?
1 Answer from Attorneys
Re: I was arrested for D.U.I.I in Oregon
There are specific steps that the officer needs to follow before you are given the breathalyzer test. I would need more information about the procedures that were followed and what do you think was in the bottle the officer gave you? I think you would have an extremely difficult time getting that evidence excluded on that basis alone, but as I said, I would need more information. Have you already been arraigned? Do you qualify for a court appointed attorney? Also, what county?
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