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How many times can an officer give you a breath test after a

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stop even if you have...
how many times can an officer give you a breath test after a stop even if you have consented to a blood test.
Submitted: 2 years ago.Category: Legal
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9/20/2015
Lawyer: TJ, Esq., Attorney replied 2 years ago
TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12,474
Experience: JD, MBA
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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.

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Lawyer: TJ, Esq., Attorney replied 2 years 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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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