OWI and Private Roadways

It is well known that the legal limit for drinking and driving is .08. I have long believed that a person has had one drink they are safe to drive. However, if they are stopped after having 3 or more drinks they will probably be above the legal limit.

It is not as well known that in order for the breath test to be introduced into evidence, a person has to be operating the vehicle on a public road, In other words, if you are driving on a parking lot or perhaps on rural property, the breath test would not be admissible in court against you. The police would still be able to prove a person is impaired through observations or field sobriety tests. They just would not have the benefit of the breath test.

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