After being arrested for OVI, how long do officers have to give you a breath test?
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After being arrested for OVI, how long do officers have to give you a breath test?
I was arrested at 11:30 p.m. the first test was given at 2:46 a.m. and the fifth and final test given at 3:35 a.m. I was threatened with needles after complying.
Asked on April 21, 2012 under Criminal Law, Ohio
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Custom and practice is that when a person has been stopped for suspicion of driving under the influence of a controlled substance or alcohol, the time for the breathalyzer test is as soon as possible, 2 tests, usually within 15 to 30 minutes after the stop.
From what you have written, there was a long space of time between tests. If your blood alcohol level was above the standard legal level of .08 after all this elapsed time on both test results, you have a legal problem due to the high alcohol reading.
I suggest that you consult with a criminal defense attorney about representing you in the matter that you have written about.
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