FST required?

[vhinrich]

What is the name of your state (only U.S. law)? NC

I was pulled over for speeding. The officer asked me if I had been drinking and I said 2 hours ago I had couple beers. Then he gave me the hand-held breathalyzer test twice. Put me under arrest and took me to the station. There I did the breathalyzer in the actual machine and blew .09. AFTER that he did the field sobriety test.

My question is: is it required for the officer to give me FST before the breathalyzer? If I get a lawyer, can this be used in the trial to drop the DWI?

By the way, it was drizzling a little bit outside if that makes any difference.

[xylene]

Originally Posted by vhinrich

By the way, it was drizzling a little bit outside if that makes any difference.

Not a bit.


Here is how it is.

Your were given a field breath test - twice.

You failed - giving probable cause for an arrest

You were breathalyzed with a legally calibrated machine (probably an intoxilyzer) , and failed at .09

At that point you are sunk

That he had you do the field tests, means nothing - just gathering more evidence - and trying to get you to admit something.

[Zigner]

Originally Posted by vhinrich

What is the name of your state (only U.S. law)? NC

I was pulled over for speeding. The officer asked me if I had been drinking and I said 2 hours ago I had couple beers. Then he gave me the hand-held breathalyzer test twice. Put me under arrest and took me to the station. There I did the breathalyzer in the actual machine and blew .09. AFTER that he did the field sobriety test.

My question is: is it required for the officer to give me FST before the breathalyzer? If I get a lawyer, can this be used in the trial to drop the DWI?

By the way, it was drizzling a little bit outside if that makes any difference.

Classic -

[BigMistakeFl]

I don't blame you for trying to find a loophole, but this is not one. Not only can the tests be given in any order, you can refuse the FSTs altogether.