Can I go to jail for refusal to take a breath test?
I was pulled over and arrested for dui and refusal of breath test. The arresting officer only gave me 1 field sobriety test, which was the flashlight test. He did it for 3 or 4 min. He didn't ask me to do anymore. On the dmv hearing he testified he did more than 1. He took me to jail and there the deputies looked through both of my memory cards for my camera without me knowing. Is the cop supposed to do more field testing and can the jail look through my pictures without my knowledge?
Answered By: Cynthia Henley, Lawyer
You go to jail for suspicion of DWI. This is as the result of officer's observations and possibly a field breath test. If you refuse, you are taken to the station where they give you the field sobriety tests again if they were not recorded at the scene (and if the population is over 50,000.) Whether or not he lied about the additional tests is up to a jury to decide. As far as the memory cards, they are supposed to get a warrant to view images on memory cards. Apparently you have a lawyer. You should be talking with your lawyer about these issues.
Answer Applies to: Texas
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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