Q: When being tested during a DWI alchotest @ the Barracks
Is the officer allowed to put his fingers in your mouthand as well grasp and hold the tube around your mouth like a clamp in order to keep the seal + the tube had no mouth piece attached to it and the officer was standing over me in a dominant position, and when i attempted to move my hand upward due to the awkward feeling of his fingers in my mouth i was instructed to stop and keep blowing I also feel that several constitutional rights have been violated
A: Definitely a violation of the rules on how to operate an Alcotest, that being said you will need an expert report and a good lawyer to win your DWI.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.