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Topic	Should a DUI be a felony?
Trumble 05/01/21 2:03:28 AM #31:	gunplagirl posted... "Subject was combative and showing signs of insobriety, arrested them. Was unable to get a field test, they sobered up in the station before we were able to test them again." Bam. Suddenly it's your word versus the heavily weighted word of a cop. That's fucked up. That definitely wouldn't fly here - if they can't produce a test result, the charge doesn't stick (though a breath test is valid too - but, if a breath test gives an excess alcohol reading, you have the right to request a blood test and they must use whichever one gives the more favorable result. The reverse is not true - you don't have any right to demand a breath test if you've only been given a blood test). --- [insert funny sig here] <cite>Trumble posted [p:953429002] in Should a D... [t:79434743]...</cite> <quote>gunplagirl posted... </cite> <quote>"Subject was combative and showing signs of insobriety, arrested them. Was unable to get a field test, they sobered up in the station before we were able to test them again." Bam. Suddenly it's your word versus the heavily weighted word of a cop.</quote> That's fucked up. That definitely wouldn't fly here - if they can't produce a test result, the charge doesn't stick (though a breath test is valid too - but, if a breath test gives an excess alcohol reading, you have the right to request a blood test and they must use whichever one gives the more favorable result. The reverse is not true - you don't have any right to demand a breath test if you've only been given a blood test). --- [insert funny sig here]</quote> ... Copied to Clipboard!
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