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When the Test is Administered

DUI/DWI Case Evaluation

You cannot be randomly stopped by a police officer for no reason at all. However, you could be stopped for a traffic infringement – perhaps weaving, driving without headlights, incorrect lane changes, driving too slowly or too quickly.

The detaining officer may request your consent to a Breathalyzer test when you are stopped. S/he may also, either before or after the breath test, request that you perform standardized field sobriety tests. These tests, discussed elsewhere, include a walk-and-turn test, standing on one leg, and the horizontal gaze nystagmus test.

The Breathalyzer test can be administered either roadside or at a detention center, at the officer’s discretion, while blood or urine tests can be administered at a health facility or a detention center.


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