Thank you. From the facts that you've described, the officer had probable cause
to make the stop, to the breath test cannot be suppressed that way.
From the facts that you've described, he was the driver. Thus, the officer had a legal basis to have him blow and so the breath test cannot be suppressed that way.
The only way to beat the MIP is to hire a criminal
defense attorney to contest the actual breath test device that was use and demonstrate that it was defective or not properly maintained. If the breath test device is successfully challenged, the judge can throw out the results.
However, if your son admitted to the officer that he had consumed alcohol, then it doesn't matter what happens about the breath test device. Your son's admission (if he made one) is all that it takes for an MIP conviction.
If you son made no admissions, then your son's attorney can focus on contesting the breath test device.
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