Q: If an officer requires a breathalyzer,i refuse,hes says dui,2 secs later i agree can he refuse?New Hampshire.
He asked for the breathalyzer an hour after arrest at precinct.Then wrote in report methadone,prescribed.Resulted from break down on the highway.Literally 2 secs after refused breathalyzer i agreed to it.The Sargent said it had been too long since the arrest.If thats the case why adminester one an hour after arrest?Could The breathalyzer have been used in court of law an hour after arrest?
A: There is a case in NH that permits a chemical test to be admitted 2 hours after driving. The circumstances of request to test are important and make a difference. If advised of ALS rights, then the issue becomes was the rescission reasonable.
A: This is an interesting set of facts. If he's honest and puts in his police report that you did ask for a breathalyzer after first refused g and did so in a very short period of time, you may have a case. And yes they can use the results from an hour after an arrest. Since you refused you will lose your license from the state DMV and then possibly for longer for the criminal charge. You really need to speak with an attorney because you only have thirty days from the arrest to contact DMV for a hearing on the refusal.
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