There are two kinds of breathe test involved. There is a pre arrest one which does not involve a license suspension if you refuse and there is a post arrest chemical test. The chemical test can either be blood or breathe. You must take one of these and if you refuse then your license will…
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First off, I am not anti police. Police officers are given a lot of power and do not have an easy job especially with defense attorneys like me around! However, I do believe the system can work when proper safeguards are implemented and shortcuts are eliminated to protect citizens. A couple of things is wrong…
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If you find yourself being pulled over by law enforcement and asked to take a field sobriety test (FST), you should know that you are not legally obligated to do so and you should politely decline. Why should you not take a field sobriety test? Because the tests are designed to fail. The officer conducting…
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In this stage, a police officer decides whether there is sufficient probable cause to arrest a driver for driving under the influence. During Phase 3 which is the pre-arrest screening, the first task of a police officer is to administer three scientifically validated psychophysical field sobriety tests. The second task is to administer a breath…
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