Q: Fight DWI license suspension
My son was pulled over for having an air freshener hanging from his rearview mirror...which led to "have you been drinking"...which led to "please step out of the car". They administered field sobriety and breath tests. Did 2 more breath tests at the police station. .09 was the result and a DWI given. The officer DID NOT give any rights or implied consent warning on the scene or at the police station. Is this cause to get the revocation of license reversed?
A: It might be. Law enforcement is not required to read him his rights to run him through field sobriety testing and the implied consent advisory is not required prior to the PBT. An implied consent advisory would be required prior to a request for a breath sample. Your son should contact attorney's about this issue and seek legal advice. There are timelines that apply to challenging the license revocation and he doesn't want to blow past those legal deadlines.
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