QUESTION
Can an officer give me a breathalyzer and a blood test?
Asked on Jul 23rd, 2013 on DUI/DWI - Michigan
7 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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No. Generally, the police can only give you on type of test. They should use the least invasive test available.
Answered on Jul 29th, 2013 at 1:20 PM
Criminal Defense Attorney serving Salt Lake City, UT
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Pietryga Law Office
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Yes. They can ask you to take one or more tests.
Answered on Jul 24th, 2013 at 12:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes.
Answered on Jul 24th, 2013 at 12:35 PM
If the officer suspects there are drugs involved, he/she can request a blood on top of the breath. But whether you have to submit is another question.
Answered on Jul 24th, 2013 at 12:04 PM
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In Colorado it is not uncommon for an officer to give a PBT (portable breath test) in the field before the arrest. You do not have to submit to the PBT, and I would recommend that you do not submit to the PBT. The PBT does not meet the legal requirements of an evidentiary test, so then you must submit to either a blood or breath test (at the station). Another scenario is if you choose a breath test and the machine is not able to get a good breath-alcohol reading, then you may be taken in for a blood draw, if you consent to a blood draw.
Answered on Jul 24th, 2013 at 10:40 AM
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Yes. Often happens where cop thinks impaired but breath test is zero or low and cop thinks drugs must be on board for this level of impairment. Or roadside breath and blood drawn at station.
Answered on Jul 24th, 2013 at 10:15 AM
Michael J. Breczinski
The officer can give a breath test if certified but a blood test is done by medical personnel.
Answered on Jul 24th, 2013 at 9:59 AM