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Blog: Operating While Intoxicated

  • Portable breath tests do NOT count

    Many people believe that they have not refused a breath test in their operating while intoxicated cases because they took a portable breath test at scene of the traffic stop. However, the portable breath tests results are only admissible to establish probable cause for an arrest. Portable breath test results are not admissible at trial because these tests have not been approved by the Indiana Department of Toxicology as being scientifically reliable. Therefore, even if you take the portable field test, you still are required to take the certified breath test at the police station or jail or...

  • What is a portable breath test and is it admissable in court?

    Many people believe that they have not refused a breath test in their OWI cases because they took a portable breath test at scene of the traffic stop. However, the portable breath tests results are only admissible to establish probable cause for an arrest. Portable breath test results are not admissible at trial because these tests have not been approved by the Indiana Department of Toxicology as being scientifically reliable. Therefore, even if you take the portable field test, you still are required to take the certified breath test at the police station or jail if requested by the police...