I was rear ended by an officer. This was a Bia federal officer. So he had to contact state police before they could give me the field sobriety test. The longer I was in the car the more intoxicated I felt. He performed a improper field sobriety test. It was at least four hours but probably closer to six hours before I was given the breathalyzer.
You need to talk to an attorney who is experienced in DUI litigation. Your theory will not work.
The statute cites the time of the test. This theory would only be used to persuade a prosecutor to drop the charges, which would take an experienced attorney.
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