Portable Breath Tests Are NOT Admissible!
Don’t confuse voluntary portable breath tests at the roadside with the mandatory forensic breath test at the police station or jail.
Hand-held, portable breath tests are usually NOT mandatory, implied consent tests – refusing this test won’t cost you the right to drive. The forensic devices used to obtain breath tests are usually at a police station, a jail, inside a mobile breath testing van, or in the back of a police SUV. Be aware that appellate courts in several states have determined that you have NO right to speak to an attorney before deciding whether to submit to a breath, blood or urine test being requested by an officer who has reason to believe that you MIGHT be too impaired to drive.
Copyright 2023. William C. Head. All Rights Reserved.