can i dispute the bac at the time the officer stopped me?

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can i dispute the bac at the time the officer stopped me?

it was 90 minutes or more from the time i was stopped til the time i took the test. blew into it twice, the first was .094 the second was .096. it was about 2 minutes between tests which showed it was rising, hence it was considerably lower that the time i was stopped. when asked to submit to field test, i asked him what my legal rights were, he said refuse and lose the license, i then asked whats involved with the breath or blood test. told me the breath test and stopped. i asked about the blood test and while asking he place me under arrest and said were gonna have fun with this one.colorado

Asked on May 19, 2009 under Criminal Law, Colorado

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I would not suggest trying to fight this without a lawyer's help.  However, there are some technical rules that the police have to follow, to use breath test evidence in court, and you might have an outside chance, with qualified counsel.  One place to look for the lawyer you need is our website, http://attorneypages.com

Neither you nor I have the scientific training needed, to say just how much lower your BAC was when you were stopped.  And even that is not the end of the story, since you can sometimes be found guilty of a DWI/DUI offense even without being "over the limit."


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