Is this illegal??????? please help?

blackheart_987

Baby, a cop can give you a test any time they want if they have you in custody. That why they ask you when was the last time you had a drink, if you say early in the day they will test you then, if you say, you just left the party, they will wait, trying to get a higher reading. But why were you still in custody 3 1/2 hours later,did they give you the 4 hr. hold, and you should have passed the test, unless you were really loaded. If they have a video, go with the flow, and try to get it pleaded out. Good luck.

I just read the Additional Details: some thing is not right. The cop came in to your house, and took you dad to jail for driving 3 1/2 hours early. B.S. go tell that story to some one else.on a mountain top. they may have chase your dad home, and gone in after him.Were you there, Any ways get an attorney

Trey H

EVERYTHING is contingent on what the cop put down in his report. If it's a liar cop (and there are some) your dad might be screwed. If he was truthful, the judge will probably dismiss the case and the cop will still get the desired points for his DUI quota that month.

Dane

cops can do just about anything they want, when you go to court, the judge will throw out anything unlawful- so if it wasn;t done right by the cops, the courts will let you off. plain and simple.

Kay

You are given BAC tests if the breathilizer is not a "ligitimate" reading. Or BAC tests are given for health problems. Such as asthma or if you had a panic attack during the process, that is when you are taken to get a BAC test. Either way they have the right to submit for a BAC test at any given point if it is felt warranted. It is to cover their butts and valid proof if a crime was commited.

Ryan S

I think it's ridiculous but not illegal

I wish I had love.

Rhats hella illegal and any judge anywhere will see that doesn't stick. F-ing pigs.

rick_hatman

I'm not sure of the legality, but with even a bad lawyer you'd be able to get it thrown out of court. There's no way to gage what your BAC would be when you are driving by testing it 3 and a half hours later. Even if a person blew over the limit, that is no indication that they were drunk when the were driving.

Is it legal for the cop to ask? Yes, to the best of my knowledge. Would you be able to easily fight the charges if you tested over the limit? Yes you would, there's no evidence that you were driving under the influence.

haley h

no...wouldnt the alcohol have worn off after that long anyways??

Josh K

I dont see the point in waiting 3 1/2 hours to give that person a BAC, since during that time period, assuming that said person has not drinkin anything since then, his or her BAC would be considerably less. But, if that person failed the BAC while driving, then yes, no matter what it is a DUI

Chris B

no it is not. i would hope that after 3 and half hours you would be sober though. You have the right to refuse a BAC test until you have an attorney present to further buy you time.

Sarah D

Nope.

Usually they wouldn't do that, the alcohol would be worn off by then anyway.

But the person has to agree to take a bac, and if they don't, the officer can take them in and get a court order. People do that sometimes because they know the bac will be lower by the time they get the court order, and they will pass.

But no, that's not illegal. IF the laws are the same there as they are in illinois.

Joseph S

Hello Ash,unfortunately no its not, a police officer can follow you as long as he chooses and stop you when he thinks you are becoming a threat to either your self or others,now if he pulled you over without cause then you would have a case,but if you fail to signal a turn or lane change or you change lanes to sudden or if you speed even if its just five miles over the speed limit,or if you travel to slow,there are all kinds of reasons a cop can pull you over,and what ever the reason he pulls you over he can have you do a test of sobriety.

jola129pogla

well if ur driving then u like swerve or do something wrong like hit the yellow or white lines then its probable cause. or if ur speeding. so yeah its not illegal. i think.

Brett H

Nope, it is all legal. Sorry. Now, here is a cool thing to know, if you get pulled over and you get a breath test before 10 minutes that is against the law. A cop must observe the person for 10 minutes before giving one.

Would you add a comment to this sketch I made? I want to know what people think of my sketches. Thanks. http://www.youtube.com/watch?v=Jmsw0DLSMa4

try2helpU

NO! they could not know if you drank after they first oserved u...That is your best defense. What kind of jacked-up police u got over there?

breenie

Yes it is completely illegal unfortunately cops can do whatever they want and as much as we all want justice they are above the law

scottyp256

If you pass the test, who cares?
If you've got nothing to hide, then why not just take the test to make things easier

Collin W

Well if you were driving drunk then you were breaking the law..

Alexis D

idk

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