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Criminal Law

: Underdog

If tongue stud remains, the 20-minute rule is violated.

By Marks & Katz, LLC

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Image from National Institute of Standards & Technology. In all jurisdictions where I practice law, guidelines call for checking for an empty mouth for at least twenty minutes before administering breath tests for blood alcohol levels, because doing otherwise risks getting an inaccurate result from an already inaccurate procedure.  Enter Brenna Guy, who was arrested for suspicion of violating Indiana's drinking and driving laws and asked to take a breathalyzer test. She agreed to take the test, which was administered without the police asking her first to remove her easily removable tongue stud, even though Indiana law has the following rule requiring no mouth foreign substances for at least twenty minutes before taking the breathalyzer test:  "The following is the approved method to conduct a B...continue to full post

Full post as published by Underdog on March 27, 2009 (boomark / email).

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