Quote:
Originally Posted by firstdown
You may want to check you local laws but cops cannot just ask a person to take a breath teast. Yes they can ask you to pull over to ask you questions and if they smell alc. they can then ask you to do those little road test. If then they ask you to blow in their hand held tester it is not permissible in court because it has to be done by a person certified to do the test. Yes they can include it in their evidence but they cannot convict you of DUI by that test alone. The reason they ask permission to do the road side test is that it will confirm their suspicions and if you noticed I said asked permission. This is voluntary as the cop is not cert. as I mentioned above.
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Yeah the part I failed to mention was he asked if I had anything to drink that night, and I said I had a beer with dinner (which was like 6 hours before getting pulled over). But regardless, if you indicate that you've had anything to drink, I think they have probable cause to test you. I'm no lawyer though.