Just wondering. I thought that it was just you would get your license immendiatley revoked for 60 days, but someone tried telling me you would actually get arrested. So what really happens?
2006-10-21 16:09:58 · 25 answers · asked by Aly 3 in Politics & Government ➔ Law Enforcement & Police
I started thinking about it because I was watching this show where an old lady was pulled over and gave the officer a hard time. He asked if she had been drinking (which she hadn't, she just is mean) and she said no, but he told her to breath into the breathalizer thing. She said "Young man, I do not know where that thing has been but it most certainly is not going anywhere near my mouth." Or something like that and she was arrested, but she wasnt drunk. So I was confused.
Oh, I live in VA btw.
2006-10-21 16:16:51 · update #1
I don't really know. But simply having your licence requires you to take a breathalizer test, and the police probably won't exactly be happy with you if you don't...
2006-10-21 16:13:40 · answer #1 · answered by Teresa 5 · 2⤊ 0⤋
My son got arrested for suspension of being drunk when he refused to take a breathalizer last year in the state of Florida. There is a law that says if the police believe you are drunk and you refuse to take a breathalizer test, they can arrest you for the good of the public. It cost my son over $3,000.00 in fines and lawyers; however, there is no drunk driving charge on his records. Guess what he was on a moped. You can refuse; however, you can and probably will be arrested and will have to hire a lawyer. If you know that you have not been drinking take the test..
2006-10-21 16:24:45 · answer #2 · answered by bettyswestbrook 4 · 0⤊ 0⤋
You will be arrested and taken to Jail. You will be charged with drunken driving. You will loose the court case because you will be presumed to be guilty. You will have no evidence to prove that you were sober. So you will then have a DUI and a suspended license and huge fine. No lawyer will get you off and you will have screwed yourself.
Driving is a privilege not a right. When you get a drivers license you agree to this. You can ask for a blood test or a urine test but they will have to take you in. If you are not drunk you will then be released. Don't be surprised if you get a ticket for reckless driving. If you are driving like a drunk but sober maybe you were sleepy or just a bad driver. Sleeping drivers kill almost as many people as drunk drivers. There just is no law against it. It is considered driver error.
2006-10-21 16:20:14 · answer #3 · answered by Anonymous · 0⤊ 0⤋
In VA, they can instantly suspend your license for refusing to take a breathalyser test. The woman probably got nailed for failure to cooperate.
The best bet?
keep a quantity of your favorite beer/wine/liquor in your glove box in an unopened container. If you get pulled, get it out before you pull over, set it on the dashboard in plain sight. Lock your doors and roll the windows up. When the policeman approaches your vehicle, stop the engine, remove the keys and throw them on the dashboard where they can be seen by the cop. Open your container and chug the contents. Afterward, open your window - if you can't do so without putting the keys in, then open the door slowly. Comply with anything the cop says, but NEVER EVER agree or state that you had anything to drink before what he saw.
You might get a drinking in public charge, but that's a misdemeanor.
2006-10-21 16:54:30 · answer #4 · answered by Horsmn4 4 · 0⤊ 0⤋
Depends on your State Laws. If you fail the physical tests at the scene of the stop, you will be Arrested, and transported to the Police Station. There, you will be asked to take a breathalyzer test! In some States, if you refuse, they will take your drivers license from you, and you can not drive, until the Court Action is completed.
2006-10-21 16:18:52 · answer #5 · answered by Sentinel 5 · 0⤊ 0⤋
the section sobriety test which you in basic terms surpassed is in basic terms a application utilized via regulation enforcement to locate out how intoxicated you would be. An officer has the right to request you're taking a breathalyzer test and arrest you in case you he believes you show any alerts of intoxication. yet, in case you have been a passenger interior the motor vehicle, there is not any reason to take a breathalyzer test. In my state you're arrested for public intoxication for being an intoxicated passenger utilizing with a below the impact of alcohol utilizing rigidity. in case you have been the reason rigidity and refused, you will possibly be able to get carry of an automatic DUI. the factors for receiving a utilizing rigidity's license is to undergo any test asked by an officer. it incredibly is why that is common as "implied consent." You signed on the line mutually as you signed on your license.
2016-10-15 07:04:50 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Read the fine print on your license application. First of all a drivers license is a "privilege", not a "right".
Part of this privilege is providing breath or blood to the authorities
in the event of reasonable doubt.
Failure/refusal to do so will involve the loss of your license, which in itself is a violation of the law. Irregardless of a breathalyzer, the police will arrest you if you demonstrate behavior they deem hazardous, or in this case "under the influence" weather it's alcohol, or prescription medication.
Once you arrive at the station, refusal to submit to testing only makes things worse. Kiss your license goodbye.
2006-10-21 17:02:56 · answer #7 · answered by Mr. Dave 3 · 0⤊ 0⤋
Welcome to the Police State!'
The police can pretty much ask you to do anything and if you don't do it your screwed. Its what our founding fathers feared. We are growing steadily to being a "police state" as in Prussia and lots of other communist regimes.
SHOW YOUR PAPERS!!! WE ARE IN CHARGE>>> WE CONTROL YOUR DESTINY!!!
Scary isnt it!
look up your state laws on the internet. In many states, refusal of breathalizer is legal to do, but guess what, automatic 180 day license suspension. Whereas if you take the breathalizer and fail it , its 90 days (first offense) You CANT frikkin win with the cops!!!
2006-10-21 16:34:51 · answer #8 · answered by Coco 4 · 0⤊ 0⤋
I guess that would probably depend on the attitude of the officer. I believe in most states failure to take a breathalyzer makes one automatically assume you are drunk. So if you are assumed drunk and driving you would be arrested. Good luck, maybe someone who knows for sure will answer your question. God bless
2006-10-21 16:20:08 · answer #9 · answered by ? 7 · 0⤊ 0⤋
In most areas you can be arrested for refusing to take a breathalizer test.
2006-10-22 01:09:55 · answer #10 · answered by d b 3 · 0⤊ 0⤋