Ask a Lawyer - August 25, 2011

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Smell of alcohol gives officer right to test, arrest driver

By Pierce Kelley

Question: M.T., of Horseshoe Beach, writes, “I was stopped by a police officer the other night because I had kind of drifted through a stop sign. He said I didn’t come to a complete stop. He smelled alcohol on my breath and asked me to step out of the car and perform some field sobriety tests. 

I did as he requested, and passed them all with flying colors, but then he gave me a roadside breathalyzer test, but I didn’t do so good on that.

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