Female over 21, with prior DUIs, is stopped again, given a breathalyzer results were a .02, and she also passed the field sobriety, did not consent to blood test (because she passed other 2 tests)- Can officer demand the 3rd test -Blood test- with no other indications of intoxication?
Not sure why she was stopped -not speeding, court date assigned can drive for 30 days - which is beyond court date.
Looks like you're asking for a friend. So I'm not sure exactly what the facts of the case are. But the police officer has to have probable cost to pull her over. You also suspected that she was probably using an illegal drug. And if you go suspect that he can ask her for a blood test. And even though she only blew a .02 that still may indicate operating a vehicle under the influence. It doesn't have to be .08. From the facts that YOU have stated it sounds like she may have a good case for an illegal search and seizure and possibly grounds for a pen illegal stop. She really needs to see an attorney right away. I'm not taking a breathalyzer she does get to keep her license for 30 days. But she will lose it for six months for not taking the breathalyzer. She needs to see an attorney to get this straightened out right away. Very very difficult to win on the six-month penalty for not taking the breathalyzer, that is a civil issue with the state of New Hampshire.
