Chemical Breath Tests outside

Question: Can chemical breath test be given in parking lot of police station? I took the PAS test on side of road before I was arrested. After I was arrested the officer took me to the jail. But before taking me inside they had me blow again for a chemical/evidential test while I was in the back seat of the patrol car. Is that legit? Or does the chemical breath test have to be completed inside the station?

Answer: An evidential breath test can be performed outside. Some law enforcement agencies have machines specifically designed for this that can be done almost immediately after the arrest (ie. without transporting the arrestee away from the scene). There are many factors that can affect the breath test machine and the results it gives though. I would recommend that you call me to discuss your situation in more detail and I can answer some of the questions you have. DUI Defense


Philip Hache, Attorney. Ph: 818-336-1384