Some of my friends were out at a bar, and one of them was really wrecked. They decided to head back home, and had to stop at a gas station for this guy to "relieve" himself, but the cashiers called the police and said they had been driving under influence ( the really wrecked one fell into a chip display, which prompted the phone call ). The driver had NOT been drinking, and the cashiers have no solid evidence that the driver had been drinking. When the police arrived, they all left and continued driving home, without seeing the cops again until they were parked in their own driveway -- which is when the police tried to give the driver a breathalyzer test. He wasn't thrilled about the idea, as he doesn't like "unclean" things ( public bathrooms, and the like ), hadn't been drinking, and refused. Even though he explained this to the officers, he now has a court date for "refusal of breathalyzer" charges in September. Are these charges valid in this situation?
2006-07-18 07:46:53 · 13 answers · asked by hirominism 1 in Cars & Transportation ➔ Other - Cars & Transportation
Unfortunately yes. In the DMV book it states that if you are asked by a police officer to take a breathalyzer test you must do so regardless if you haven't been drinking. To say no to a breathalyzer test is just like pleading guilty. Now unfortunately your friend has no proof that he wasn't drinking. It's his word against the cop and you know how that goes. Another thing is that denying that test can lead to an automatic suspended license.
2006-07-18 08:03:42 · answer #1 · answered by kayrrie101 2 · 1⤊ 0⤋
The charges are valid. By holding a driver's license, you agreed to what's called 'implied consent', which means you agree to submit to blood alcohol testing. Refusal to submit to these tests is a separate offense from any possible DUI/DWI charges that might be incurred, and in fact, if a cop suspects someone is intoxicated, and the driver refuses to submit to blood alcohol testing, they can arrest the driver in some states. Doesn't matter if you are home in your own driveway, no keys in the ignition, it's still suspicion of DUI, and hence the driver is obligated under implied consent to submit to testing.
2006-07-18 07:56:54 · answer #2 · answered by Harry 5 · 0⤊ 0⤋
Yes those charges are valid. If he wanted to risk going to court just because something might be dirty, then that's his fault. A breathalizer is not a big deal if you haven't been drinking or you're under the legal limit. He should have just went and done it, but he just made things more difficult.
2006-07-18 07:50:34 · answer #3 · answered by youdontknowme 3 · 0⤊ 0⤋
sorry but refusal of a Breathalyzer is still valid because you refused. you could say I'll walk a straight line or do what ever else you want to proof i am not drunk I am not putting that nasty thing in my mouth then its OK but to straight out refuse you can't its the same as refusal to stop when a cop tells you to pull over.
2006-07-18 07:52:45 · answer #4 · answered by Jeff L 4 · 0⤊ 0⤋
Yes, you can be charged for DUI even if you are parked in the car, reclined, with the keys out of the ignition. Don't want to get busted, don't be snoozing in the driver's seat. Butt on driver's seat=driving.
2006-07-18 07:50:19 · answer #5 · answered by bombhaus 4 · 0⤊ 0⤋
Why and how would you pull into your driveway without keys to the car you are in???
Yes, it's valid. You shouldn't be behind the wheel after or during drinking.
2006-07-18 07:50:32 · answer #6 · answered by Mama R 5 · 0⤊ 0⤋
Yep. To late now but he should have taken it and saved all this hassle and saved himself a lot of money too. If he doesn't drink then he should stop hanging out with drunks. As stupid as he sounds I couldn't imagine how stupid he would get if he was drinking.
2006-07-18 07:53:45 · answer #7 · answered by irishlad 3 · 0⤊ 1⤋
he should of just taken the test. i mean really was it worth all this trouble if he wasn't drinking? i understand no clean things too but come on do you think that the cops make everyone put their mouths on this plastic thing they probably put plastic on it like a thermometer at the doctors office.
2006-07-18 07:53:15 · answer #8 · answered by ally 3 · 0⤊ 0⤋
Hmm, that really sucks. If he just goes to the court date and explain things, then more than likely it will get thrown out.
2006-07-18 07:51:15 · answer #9 · answered by ♥ Tori ♥ 5 · 0⤊ 0⤋
Police can charge you for anything they want, its up to a jury or a judge to decide guilt. Police are idiots.
2006-07-18 07:50:50 · answer #10 · answered by Thumbs Up Fairy 5 · 0⤊ 0⤋