Can cop make you blow in a breathalizer over and over without a break, cause the machine didnt read it?

Question

Had cop threaten me to blow, throwing me down when the machine wasnt reading it, i was blowing then he would yell , i would stop then take deep breath, blow again and over and over till it came out .214 which there is no way, i had tongue ring in that was blocking the device hole and my mouth was bleeding and i have heart burn which i almost threw up when takin it. what do i do now

Answer 1

Plead guilty.  .214? Please....

I have seen numerous people try to fake the "Oh no, I can't blow in the machine" trick.

You weren't blowing long enough.  The machine registers the amount of alcohol in your system until it plateaus  - then it gives the reading.  Since you eventually blew a .214 (almost 3 times the legal limit), it takes a while to get up there.

Answer 2

Get a lawyer if you think you have a case.  Bear in mind if the Intoxilyzer registered, then the officer has an official printout/receipt which has been attached to your case report that proves what you blew.  A tongue ring doesn't mean anything, and didn't cause anything.  If you blew .214 you were extremely drunk.  If the machine didn't register then you weren't blowing hard enough and/or long enough.  Two reasons for this:  1.  You were too drunk and kept s******g it up.  2.  You were doing it on purpose.  

My opinion is you are screwed, and rightfully so, as I believe you were probably trying to be uncooperative and not blow into the machine, and you were drunk as h**l.  

Either way good luck.  Get a lawyer.

Answer 3

Well, make sure you have a lawyer and follow their advice

If it was happening now I'd tell you to demand  blood test be done since you don't think the breat test is valid

If you were a 0.214 I'd be surprised you could stand or stay awake much less follow directions.  Some people are more tolerant of Alch than others and can function at high levels but most aren't

Hire the best lawyer and follow them....yer in for a ride...is this your first DWI, if its not you are fairly screwed I think

Answer 4

"so for almost 4 hours I didn't have one drink"'

So - you did not drink the 4 hours before you blew into the machine.............how much had you drank in the 10 hours preceding that?

Alcohol metabolizes at a rate of about .015 BAC  per hour.  That means- if a person had a BAC of .15 - it would take about 10 hours to be completely free of alcohol.

"the body can only metabolize a rate of about .015 BAC per hour or about one drink every hour. If they are drinking faster than this, their body cannot keep up."

http://www.afec.org/issues/alcohol/intro...

http://www.blurtit.com/q525494.html

Let me guess.  ......you only had 2.   ('cause the drunks -- regardless of bac always say "but I only had 2")

Answer 5

.214 and you could stand up to take the test?

sounds like you needed an ambulance

that is borderline alcohol poisoning,you should have been comatose

plead not guilty and fight it all the way

next time call a ride

Answer 6

UNFORTUNATELY YES, UNLESS YOU WANTED TO TAKE A BLOOD TEST INSTEAD.

Answer 7

Yes, he can, but that is unusual.

After you do not register on your second attempt, most will take you for a blood draw. The test is quite simple to take, unless you are intentionally trying to manipulate it.

As far as the tongue ring, blood, and heartburn... that will have no effect on your alcohol concentration.