edhman81
Member
Last weekend I was in my brothers car and we were parked in a parking lot. While we were there a police officer pulled up behind our car. The officer said he saw a dent on the rear bumper and that gave him reasonable suspicion to believe that my brother was in an accident recently. When he came up to my brothers window, I assume the cop smelled alcohol on my brothers breath. The officer asked if we had had anything to drink, and we told him that we had a few beers earlier in the night. He said that he would be right back with our licenses and when he came back, he brought back a breathalyzer test and told him to blow into it, at which point he blew over the legal limit (0.10). Was the police officer required to let him perform a field sobriety test before giving him a breathalyzer test? I always thought that a FST was required prior to giving a breathalyzer.