Applying for IRP Review
Recently, I was stopped at a roadblock and asked to take a breath test. I had been drinking maybe 4 hours earlier. I felt fine, I walked fine, the officer questioning me believed that I was sober but he needed to confirm.
I ended up blowing a warn. The officer asked me to go back to my car, came back 5 minutes later and told me I had the right to second test, which I did and blew a warn again.
This was my second offense in a 5 year period ( first time I blew a warn when I slept in my car .. at that point I didn't know that sleeping in the car was considered in control of the vehicle), so I was issued a 7 day driving prohibition and my car was impounded for 7 days as well.
I was wondering if anyone has any experience with submitting an IRP review, or if anyone could give me any insight. The only issue I had with the breath test was that less than 5 minutes before receiving the breath test, I had gone to 7-11 and ate two hot dogs and had something to drink, and undoubtedly, I had burped multiple times, between both tests as well. At this point, I did not know that burping could have an affect on the ASD readings, so I did not mention this to the officer. The officer administered the first breath test immediately, then left me alone inside my car, and administered the second test a short while later
I was planning to apply for a review under the:
The result of the ASD test was not reliable.
The ASD registered a WARN but your blood alcohol content was less than 0.05
Any insight greatly appreciated.