Greensboro, NC -- A judge in High Point threw out a Driving While Impaired case for violation of the defendant's rights. Part of that was, because the defendant tried to get a "pre-arrest" test after he had been arrested.
The police officer "un-arrested" the suspect, but the judge ruled that you can't un-arrest someone.
We had never heard of a "pre-arrest" test, so we brought in defense attorney Joel Oakley to explain what it is and when you can request one.
Oakley told WFMY News 2 that if you get pulled over on suspicion of a DWI and you know you're not violating DWI-related laws, you can tell the officer you want a pre-arrest test. You need to make the request before the officer arrests you, so you get a chemical analysis before you face any charges. That way, if you aren't violating any DWI laws, there won't be charges on your record.
Then you tell the officer you want the pre-arrest test, he or she takes you somewhere to get a breathalyzer test. The ones on-the-scene are not admissible in court.
Anyone pulled over for impairing substance-related offenses can request a pre-arrest test. However, once you do, you agree to the breathalyzer test and you cannot contest its results.
You can read the law, NC General Statute 20-16.2 by clicking here.