Lets say a officer pulls you over and suspects you have been drinking can he force you to take the Breathalyzer Test or can you refuse to take it? And what are the consequences for not taking it if u resfuse?
2006-11-22 04:15:06 · 15 answers · asked by Pretty me 1 in Politics & Government ➔ Law Enforcement & Police
yea.....but u get automatically taken to jail....so its better to take it
2006-11-22 10:22:53 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Depends on the laws of your state, but generally speaking this is how it goes: If a police officer suspects you of drunk driving, he/she usually has to give you a field sobriety test first (not all states require this). If you don't pass the FST or the laws don't require you to take one, the police officer can order a breathalyzer test. There is no law that says they can force you to take it, but in at least 49 states in the union (not sure about Louisiana) if you refuse a breathalyzer test, your license will be suspended for at least six months, possibly as long as a year. That's one of those "fine print" details the states put in to your application for a drivers license, and the only way to get around it is to say that the police officer didn't have probable cause -- which usually doesn't fly (all the police officer has to do is tell the judge that he/she smelled alcohol on your breath and you're hosed).
2006-11-22 12:21:24 · answer #2 · answered by sarge927 7 · 4⤊ 0⤋
People can refuse to take the breathalyzer, but in doing so they usually forfeit their privilege to operate for a period determined by each state's legislature. Law enforcement in charging a person with DWI/OUI must be able to prove beyond a reasonable doubt all elements of their charge. Given that the breathalyzer could become the prosecution's best witness against a person one would be wary about offering any evidence to support the prosecution's case.
2006-11-22 12:57:23 · answer #3 · answered by Edward D 1 · 0⤊ 0⤋
Sure you can refuse but sarge nailed it on the head
Most states failure to take a breathalyzer in it self is a crime, so by refusing which is your right you have committed a crime and as stated only a showing the police did not have probable cause to stop you is your only defense
not the best defense since on a public highway its pretty easy for a police to have probable cause to pull you over IE driving on white line, weaving, driving erratically, then when they come to car smelled booze, eyes blood shot, speech slowed, and it will be your burden to show you where not and since you refused the breath court will most likely not side on your side
2006-11-22 12:54:42 · answer #4 · answered by goz1111 7 · 1⤊ 0⤋
Sure you can refuse, but you will be arrested then and there. Most likely (at least in Indiana) you will be taken to a detention unit and will have to under go a blood test. Either way they will get their results. You will then have to spend a certain number of hours (depending on your test results) in jail sobering up. Just take the Breathalyzer test and make it easier on yourself.
2006-11-23 01:57:36 · answer #5 · answered by BONNI 5 · 0⤊ 0⤋
Sarge 927 is correct.
Now adays your are going to get your license taken away for a year anyway so to refuse the breathalyzer is only denying the legal system of one more bit of evidence and this can in some instances help in your favor.
2006-11-25 22:33:59 · answer #6 · answered by Just Q 6 · 0⤊ 0⤋
In Wisconsin, they automatically do a blood test whether you have a breatholizer or not. And refuse either one, the Department of Motor Vehicles automatically suspends your lisence for 3 years.
2006-11-22 17:39:07 · answer #7 · answered by Molly 6 · 0⤊ 0⤋
yes you can
then they will ask you to please sit in their vehicle and they will drive you to one of two places, ( if this was caused by car crash ) they will drive you to the hospital where they will get a court order to have your blood taken..this is when you keep telling any and everyone you come in contact with, you want your attorney and you refuse to do anything without your attorney..this may not stop them, but as long as you keep saying this to EVERYONE..they may have to testify in court that you did request your attorney and was not allowed to have them present, and most likely anything you say may be thrown out of court, and if the attorney is good enough maybe even the blood test too..so no matter what, stay nice and calm, but keep asking constantly fro your attorney..
ok even if the drive you to jail, they will most likely get a court order to make you submit, but again refuse and keep asking anyone and every one for your attorney..same reason as above...
but once the officers ask you to take the breath test, your most likely going to leave with them either way..so refuse and get your attorney to fight for your rights..
good luck
smile
2006-11-22 12:39:22 · answer #8 · answered by Anonymous · 0⤊ 0⤋
here in North Carolina you can refuse it, and demand a blood test. and if you refuse that then you automatically lose your license for 6 months. either way you are going to lose.
2006-11-26 08:05:41 · answer #9 · answered by duc602 7 · 0⤊ 0⤋
Yes, you can refuse and in most states you will be immediately arrested and your license pulled for a minimum of one year.
2006-11-22 12:18:19 · answer #10 · answered by Starla_C 7 · 3⤊ 0⤋
yes, that is why they ask "do u wish to submit to a breath test"
if they refuse, they can be legally arrested. Assumed cause
2006-11-22 12:53:37 · answer #11 · answered by Anonymous · 0⤊ 0⤋