DUI and breath test?

[Upper-cruster]

Is it true that you can refuse to take a breath test and is totally legal?

I have a friend who just did this and I was wondering how is that possible as I know that you are obliged to submit yourself to such test..

 

[ZKaudio]

yeah, if you deny breathalizer, you essentially admit guilt. The best option, if you are right on the limit line, is to opt for a blood test at the station. Tell him u have been burping and think it may skew the test results. By the time you get there, you'll probably drop a good .02 or so which could drop you from a hellish .9 to a more acceptable .7 Then again, the very approximate measurements given by breathalizers could also help you out.. 50/50 imo.

 

[white boy]

I think it depends on the state, but most states you can refuse the test but the dept. of licensing will revoke your license for 6 mo's or more. it is difficult to prove that someone were drunk without the breathtest, but they will still try, so you would need a good lawyer to beat it
In the end I think it would be a good choice to fight considering the penalties nowadays for dui

 

[Upper-cruster]

I think that you have a choice as to chose between a breathalizer or a blood test..

Maybe it differs from state to state.. I even heard a radio commercial where it said that you can refuse to take a breathalizer test and lawyers would deal with that.

 

[crmdogg]

in alaska if you refuse a breathalizer you are arrested.

 

[ZKaudio]

you get arrested in ca too.

 

[gotmilk]

If you refuse in Maine...your license is suspended..even if you are not drunk..

 

[white boy]

in alaska if you refuse a breathalizer you are arrested.

Arrested for what charge? I mean is it a seperate charge? other than DUI?
and if it is a seperate charge, what kind of penalties for the charge? I'm pretty sure they are not gonna be a severe as the penalties for DUI

 

[flex123]

I'll let you in on my story. Years ago when I was 18 or 19 I went to a friends house to watch the Yankee playoffs. We drank abunch of beers during the game and afterwards me and a buddy drove down to the beach with acouple girls. I got to the beach and only had one more beer and then headed back to my house.

On the way home I got pulled over and everyone in the car stuck like alcohol so the cop made me get outta the car.

He had me do the sibriority test (touching nose and standing on one foot and all) and then had me take a breath alizer.

Well I was a dick and didn't feel like blowing hard enough in the tube so they arrested me and brought me down to the jail.

at the jail they did the tests on me to test my blood alcohol level. The test was done atleast 2 to 3 hours after I got pulled over.

The wait for the test gave me time for my BA level to come down. If I did the breath alizer on the spot I would have gotten arrested and lost my car for DWI. But since I waited it was in my favor cause I tested less and only got a DUI and keept my car.

This always doesn't work cause in some cases your BA level is increasing so waiting would only be testing at a higher level.

But yeah if you refuse they automatically take you downtown and test you there. If I passed the test at the station I would have been let go and nothing would have happened to me for refusing to take a breath alizer.

This is NY law that I speak of.

 

[white boy]

If you refuse in Maine...your license is suspended..even if you are not drunk..

yeah, that's true in most states, so if you are not drunk take the test, but if you have had a few then they are going to to suspend it anyway, so don't take it. At least you will have a fighting chance
In no way do I condone drinking and driving

 

[javaguru]

In Ohio you have the right to refuse. If you refuse your license is automatically administratively suspended. If you blow over the legal limit, .08 I believe, your license is administratively suspended. You should only submit to sobriety tests and a breathalyzer if you are 110% sure you will pass. Otherwise, you're just helping the prosecution convict you and if you get a deal it will be much worse.

 

[FreakMonster]

If you ever get pulled over for a DUI and the police officer wants to conduct any kind of sobriety test you have a right to ask for your lawyer to be present. Even if it's until the next morning wait until your lawyer is present. It makes things much easier on you.

 

[flex123]

If you ever get pulled over for a DUI and the police officer wants to conduct any kind of sobriety test you have a right to ask for your lawyer to be present. Even if it's until the next morning wait until your lawyer is present. It makes things much easier on you.

I know many cops and I can picture the situation this would be.

You actually think a cop is going to say "ok I'll take you to a phone so you can call him"?

If I were a cop and a drunk that I just pulled over started slurring about how he wants his lawyer I wouldn't think much of it.

 

[FreakMonster]

I know many cops and I can picture the situation this would be.

You actually think a cop is going to say "ok I'll take you to a phone so you can call him"?

If I were a cop and a drunk that I just pulled over started slurring about how he wants his lawyer I wouldn't think much of it.

It doesn't matter how drunk you are. Do you know that you have the right to ask for your lawyer to be present during any testing?
Why wouldn't you exercise this right? Believe it or not cops lie to make their cases stronger. I've seen it first hand when my buddy was arrested for a DUI. He maybe had 2 drinks and was completely sober but when I read the police report a couple days later it was nothing but lies to make him look drunker than he really was.

 

[Upper-cruster]

It doesn't matter how drunk you are. Do you know that you have the right to ask for your lawyer to be present during any testing?
Why wouldn't you exercise this right? Believe it or not cops lie to make their cases stronger. I've seen it first hand when my buddy was arrested for a DUI. He maybe had 2 drinks and was completely sober but when I read the police report a couple days later it was nothing but lies to make him look drunker than he really was.

I wonder how many have asked for a lawyer to be present during testing?

 

[vinylgroover]

you yanks are 30 years behind.

In Australia we have random breath testing........none of that walk the line or touch your nose bullshit. If you blow over .05 on the breathaliser it's straight to the lockup.

 

[Upper-cruster]

you yanks are 30 years behind.

QUOTE]

You must be quite old..

 

[FreakMonster]

I wonder how many have asked for a lawyer to be present during testing?

Probably not many because many people don't know that it's their right to ask for a lawyer to be present during testing. You can also request they take you to a hospital to do testing.

 

[javaguru]

You know the guy who invented the breathalyzer spends all his time testifying as an expert witness in DUI cases regarding the tests inaccuracies.

 

[anabolicmd]

Also, breatylizers have to be certified and calibrated by an inspector every few months. If you blow a positive, have a lawyer or someone make sure that there was a valid inspection stamp on the breathylizer paperwork. Otherwise, the results are inadmissible. I got this from a classmate of mine who is now a hotshot attorney in Tampa, its a doozey.

 

[Spartacus]

if you know you are over the limit,just say "take me to jail"..don't manufacture evidence against yourself

 

[tiger88]

why dont u just get a taxi dumbass???

 

[Spartacus]

I asked them to call me a cab,they said "you're a cab now get the fuck outta here"

 

[MattTheSkywalker]

Is it true that you can refuse to take a breath test and is totally legal?

I have a friend who just did this and I was wondering how is that possible as I know that you are obliged to submit yourself to such test..

Yes you can refuse the test. The 5th amendment states that you cannot be compelled to testify against yourself.

Most states will autmoatically suspend your driver license for doing this, because driving is a privilege....so you;re fucked either way.

And you can still be arrested for "suspicion of DUI"

 

[atlantabiolab]

yeah, if you deny breathalizer, you essentially admit guilt. The best option, if you are right on the limit line, is to opt for a blood test at the station. Tell him u have been burping and think it may skew the test results. By the time you get there, you'll probably drop a good .02 or so which could drop you from a hellish .9 to a more acceptable .7 Then again, the very approximate measurements given by breathalizers could also help you out.. 50/50 imo.

Correct choice. Always ask, if you have been drinking, for a blood alcohol test, which is the "gold standard" of alcohol tests. While it is the best and most accurate test, it requires more time to process and analyze, all the while alcohol is being degraded by the blood and volatilizing off.

My wife worked as a Forensic Toxicologist in a drug testing lab. She said that most blood alcohol tests came back below the legal limit.

But, dipshits, stop drinking and driving. I could care less if you got killed, for being stupid; it would be a shame for an innocent woman or child to get killed.

 

[white boy]

Correct choice. Always ask, if you have been drinking, for a blood alcohol test, which is the "gold standard" of alcohol tests. While it is the best and most accurate test, it requires more time to process and analyze, all the while alcohol is being degraded by the blood and volatilizing off.

that is some realy fucked up advice, so what if it is the"gold standard" they use that against you to
yeah they would realy allow a blood test if the alcohol "degraded and volatized off"

what will happen if you get convicted of DUI the first time is you will probally get off easy if you accept 2 yrs probation and take an alcohol evaluation which will determine if you need some type of alcohol classes.
the same company that does your evaluation also will be your treatment center. Do you see the conflict of interest here?
If you don't comply with your probation conditions you will do jail time
Who's gonna pay your bill's when your in jail?
[/QUOTE]

My wife worked as a Forensic Toxicologist in a drug testing lab. She said that most blood alcohol tests came back below the legal limit.

Why would a cop go through the trouble of arresting someone for DUI if they were'nt drunk?
Do you think drunk drivers are in short supply?

But, dipshits, stop drinking and driving. I could care less if you got killed, for being stupid; it would be a shame for an innocent woman or child to get killed. [/QUOTE]

agreed

 

[MattTheSkywalker]

If you ever get pulled over for a DUI and the police officer wants to conduct any kind of sobriety test you have a right to ask for your lawyer to be present. Even if it's until the next morning wait until your lawyer is present. It makes things much easier on you.

Actually you do nothave a right to a lawyer. The Supreme Court has ruled that there are DUI exceptions to what would normally by considered protected by teh 4th amendment (unreasonable search and seizure)

You DO have the right to refuse the tests. You cannot be compelled to take them.

These tests provide the grouds for you to be arrested (along with the breath test).

One should always always always refuse to take these tests.

If you get pulled over and questioned about a possible DUI, and you KNOW you are drunk don't talk, don't take any tests, don;t do anything.

Answer yes and no questions only by shaking your head. That's it. Deal with the arrest and call your lawyer.

 

[atlantabiolab]

that is some realy fucked up advice, so what if it is the"gold standard" they use that against you to
yeah they would realy allow a blood test if the alcohol "degraded and volatized off"

Nothing fucked up about it. It is true. You have the right to request a blood analysis and all testing methodologies have limitations. This is called the "uncertainty of measurement".

 

[white boy]

Nothing fucked up about it. It is true. You have the right to request a blood analysis and all testing methodologies have limitations. This is called the "uncertainty of measurement".

I know you can request this

My point is if you have had three or four beers in the last hour you will likely end up with a blood alcohol level above the legal limit and then they (police) will use this against you in court

it would be smarter to refuse either or like you say don't drink and drive

 

[casavant]

Is it true that you can refuse to take a breath test and is totally legal?

I have a friend who just did this and I was wondering how is that possible as I know that you are obliged to submit yourself to such test..

Yeah, you can do it. I did it hear in my home state and got charged with what they call "VICL": Violation of Implied Consent Law. I never blew, never took the full field sobriety test, but I sure as hell got my DWI and the VICL prevented me from even getting a work permit. 6 months without being able to drive even to work. Sucked some shit. Now, if you somehow got out of the DWI, I'm not sure if you'd still have the VICL or not. I'm thinking maybe not, but considering your chances of getting out of one are pretty fucking slim, you might as well blow unless your BAC is gonna be so high that it'll melt the breathylizer (there's a certain BAC limit that here that even if you consent and blow but pop above that limit, you're fucked on the work permit anyway.)

So basically, that info probably didn't help you out that much. What you really should do is try to find a website devoted to the DUI/DWI laws of your state. That would be a lot more of a sure fire thing than listening to all us yayhoos.

 

[casavant]

It doesn't matter how drunk you are. Do you know that you have the right to ask for your lawyer to be present during any testing?
Why wouldn't you exercise this right? Believe it or not cops lie to make their cases stronger. I've seen it first hand when my buddy was arrested for a DUI. He maybe had 2 drinks and was completely sober but when I read the police report a couple days later it was nothing but lies to make him look drunker than he really was.

I've had them lie on one of my police reports too. They did it because they wanted to nail my roommate and another friend who wouldn't let them search our apartment in order to look for me. I actually never was in the apartment- instead, I was running around in the bushes and shit like a crazed maniac. But hell, the po-po thought my buds were really hiding me or they didn't like their attitudes, or both, and on the police report they put words in my mouth and quoted me as saying, "When we apprehended Casavant [on the other side of the apartment complex, nowhere near my place, in the middle of a dense stand of trees and brush] and asked him where he had been hiding during the time we were looking for him, he admitted that he had been hiding in his apartment." That was the gist of it, anyway. Total bullshit. But that didn't stop the cops from getting arrest warrants a couple days later for both of them on a charge of "Hendering Apprehension". They even (but not surprisingly) went to one's workplace and arrested him right there. It costs more to defend yourself than it does to pay the several hundred dollar fine for something like that, and they know it. So my buddies got fucked. They actually did get legal representation and try to fight it on principle because it was a bullshit charge, but in the end the fucking lazy ass lawyers went for a plea bargain and said that was the best they could do. As a result, my friends got to pay both the lawyers and the shit ass police department. Luckily, they didn't hold it against me for starting all the shit by turning into a raging lunatic at a titty bar, and we're still very good friends.

But yeah, I believe cops lie. Hell yeah. It doesn't surprise me one bit. I hear ya- anyone who thinks that shit goes down on the street just like it's written in the law books is either incredibly naive or incredibly delusional. I honestly wonder how the cops would react if you asked for a lawyer on the spot. I think I know the answer though... they'd cuff you and stuff you in the car and file a report that claimed you made no such request, and it would be their word against yours. Two sober peace officers trying to protect the populace against your deviant drunk ass, or whatever they made it out to sound like.

Well fuck it, I'm rambling. This shit is old news for me anyway.