Asked in DUI / DWI for Idaho

Q: How many times can a officer make you take a breathalyzer

If stopped and asked to take a breathalyzer and I do my numbers are under the legal limit. Can they make me take it again?

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1 Lawyer Answer
William Jaksa
William Jaksa

A: Yes. Many jurisdictions allow or require officers to re-administer the test again. The officer will need to justify in court why they needed to re-administer the test, which may call into question the officer's ability or indicate another problem. In my jurisdiction, officers are required to take two samples 20-minutes apart in order to determine if the blood alcohol level is increasing or decreasing.

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