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Univ. of San Diego School of Law

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Friday, March 4, 2005

Pierced Tongue Defense to DUI, Denied

The Indiana Supreme Court ruled 4-0 that having a pierced tongue does not automatically interfere with breathalyzer test results.  Indiana state law states that "no foreign substance can be placed in a person's mouth during the 20 minutes before a breath test is administered because it might skew the results of the test."  But Brenna Guy, who was pulled over for driving down the wrong side of a downtown Indianapolis street and challenged the results of her breath test due to her tongue stud, had her tongue pierced long before 20 minutes prior to the test.  The Court found that because her piercing was in no way new, the metal stud was no longer a "foreign substance" to her mouth that could skew test results. More... [Mark Godsey] 

http://lawprofessors.typepad.com/crimprof_blog/2005/03/mark_pierced_to.html

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