What to do if I was arrested yesterday morning for being under the influence of intoxicating liquor but was not offered/given a breathalyzer or field sobriety test?

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What to do if I was arrested yesterday morning for being under the influence of intoxicating liquor but was not offered/given a breathalyzer or field sobriety test?

Asked on August 24, 2013 under Criminal Law, Mississippi

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The police do not need to give a breathalyxer or field sobriety test in order to arrest someone for being under the influence. The fact is that all they need is sufficient evidence to constitute probable cause. For example, the following could suffice - slurred speech, erratic driving, watery eyes, etc.

That having been said, your arrest is legal if you were offered either test but refused. If you were not offered these tests, this would in all liklihood violate departmental policy but you could have still been legally arrested. However, the DA might well refuse the case due to a lack of evidence and proper procedure not being followed.

At this point, you should consult directly with an attorney in the area where this occurred for advice on how to proceed.


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