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TJ, Esq.
TJ, Esq., Attorney
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Experience:  JD, MBA
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How many times can an officer give you a breath test after a

Customer Question

how many times can an officer give you a breath test after a stop even if you have consented to a blood test.
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

The law does not specify the number of times the breath test can be administered. The officer's conduct needs to be reasonable under the circumstances, however. For example, if he administers it 3 times, then that would likely be considered to be reasonable. On the other hand, if he administered it 30 times, then that would almost certainly be considered abusive, and I'd expect the officer to be disciplined. The officer's conduct would be scrutinized against a "reasonable officer" standard (i.e., what would a reasonable police officer have done under the circumstances), and against the policies and procedures that the officer was taught.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need any more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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