Originally Posted by KHOOKS
IF THEY did not give him 40 minutes of field test to find out if he was drunk or not the case should be dismissed. By law they have to give a person 40 minutes of fiels sobrity (bad sp) test. I had a dui throwed out cause by speeding ticket and the dui ticket times did not show a 40min gap. The cop wrote both tickets up after they asserested me. Speeding showed 12:10 and DUI ticket showed 12:20. The cop could not prove in court he gave me my field test witch was manodory. This may not be the case now but in 93 it was.

Unless it has changed, it is 20 minutes under observation for the Draeger, not for Field Sobriety tests. The reason for that is to insure that mouth alcohol isn't present, only deep lung alcohol which would be in the bloodstream, shows up.

Lord, please help us get our nation straightened out.