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Ouch, tongue studs are out

In one of my first posts on this site, is discussed this case from the Indiana Court of Appeals that determined that a police officer’s failure to have an OWI suspect take the tongue stud out of her mouth prior to taking a breath test, invalidated the results.

Now, almost a year later, the Indiana Supreme Court reversed the Court of Appeals, holding that as the regulations require that nothing be “put” in the test subject’s mouth in the 20 minutes prior to the test, the tongue stud, a foreign object yes, was not “put” in during this period.

I hope none of you frequent drinkers went out and had your tongue pieced based on the initial decision.

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