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DWI Case Results

Charge: DWI - Client involved in major accident. Failed field sobriety tests. Breath test of .28 - over 3 times the legal limit.

Verdict: NOT GUILTY

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Can a police officer force me to take a breathalyzer, urine test, or blood test?

A police officer can only force you to take a breathalyzer, urine test, or blood test if the four following requirements are met:

  • there is a DWI arrest and an accident;
  • the officer has a reasonable belief that any individual has died or will die as a result of the accident;
  • an individual, other than the person arrested, has suffered serious bodily injury; and
  • the individual arrested for DWI refused to give a specimen voluntarily
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