How many times can a police officer give you a breathalyzer?

Asked about 5 years ago - Omaha, NE

if you take a breathalyzer and the officer says its not working and makes you take it 3 more times until it regulates a response, is this grounds for a mip charge to be dropped?

Attorney answers (1)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . The officer can certainly get the breathalyzer working and if it takes 3 or 4 trys, just raise that as a defense. You might raise a question in the court's mind, but you also better be able to verify that you were not impaired by some other evidence.

    Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,269 answers this week

3,383 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,269 answers this week

3,383 attorneys answering