If a cop give you a dui intoxilizer breath test hands you the tube and gives the tube to you {intoxilizer 8000)

Asked over 3 years ago - Gulfport, MS

He commands you to blow in it at that moment another officer runs in and says 'wait wait' we don't want this one to get out of it The first officer snatches the breath tube out of my hand.and says how do we do it the second officer says here let me show you how.they mess around with the computer and all of a sudden the machine doesn't work but they give a blood test and says the video is only for security purposes..is there a reasonable doubt can the blood test be dismissed?
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Attorney answers (3)

  1. Victor Wallace Carmody Jr.

    Contributor Level 14

    2

    Best Answer
    chosen by asker

    Answered . What you have described is a very rare and unusual occurance.It appeares that you were offered the Intoxilyzer 8000 test which was intentionally stopped in order to take your blood for DUI purposes.All the officer has to do to stop the machine is to press one button,and the machine stops the test in progress.You were then offered the blood test,which you took.These two tests are separate from each other and the blood test can and will be used to make a case against you for DUI.Reasonable doubt is not the standard for dismissing a blood test,rather the officer must have a reason to stop you,and develop a reason to take you in for testing.Your Attorney must obtain a court order to keep the video tape from being destroyed and for court purposes. Good Luck.

    Victor Carmody

  2. Charles Elwood Soechting Jr.

    Contributor Level 17

    Answered . You need to speak with a local attorney that specializes in DWI matters. In most states your blood cannot be taken without your consent or a warrant and the situation you describe does not sound proper. Before you appear at court you need to learn what your rights are in your state.

    Good luck

  3. Matthew Thomas Martin

    Pro

    Contributor Level 11

    Answered . it is possible that based on the litigation surrounding CMI’s Intoxilyzers 5000 and 8000 machines, that the police may have stopped your breath test to avoid complications with discovery requests assuming relevant charges were filed. I agree you need to speak with a local criminal defense attorney. Good luck!

    Disclaimer: This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for entertainment purposes only.

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