Quote:
Originally Posted by JHikka
I can only assume that a breathalyzer test at home is only considered if reports or complaints were filed against your driving prior to arriving home and after an officer has questioned you regarding those complaints. I can't imagine police officers just knocking on random doors on Saturday nights checking for car keys.
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True, but if the cop shows up at your door two hours later asking for a breath sample, and you had consumed beer since arriving home, and were subsequently over the limit, how could any reasonable court decide whether or not you in fact were by definition impaired when you were actually driving????
In other words, you might be impaired at 2AM in your living room, but were you impaired when you were driving home at midnight??? I can't imagine any judge making this determination, especially if there was clear evidence you were drinking after you got home.
This will not pass a court challenge. Whatever happened to the presumption of innocence????