I know that it's stupid to drink and drive... and I'm not plan on do it... but in the event that I were to ever get pulled over after I've had a few, I've heard that it's best to refuse the breahilizer and let your lawyer hash it out later. Is that true?
2007-01-25 09:43:37 · 38 answers · asked by JT 4 in Politics & Government ➔ Law & Ethics
REFUSE. the lawyer is the key. You will be burned if you blow. the sentancing is harsher.
2007-01-25 09:54:23 · answer #1 · answered by kobayashi 2 · 0⤊ 2⤋
I really hope you never end up behind the wheel after you have "had a few" you should make a promise to yourself that you will never drive even after one drink. And let's say you did and got pulled over, it is not a good idea to refuse the breathilzer.
In California where I live, you will be taken to jail immedietaly after refusing. I don't know how they prove you where DUI, but I doubt anyone gets away with it. When it is decided you are guilty, you will have more problems than someone who was cooperative.
DUI is a huge pain to deal with. You may go to jail for a few months to 1 year, but I have never known anyone who did go to jail. You will have to do community service, pay a fine, and attend DUI school. State by State details here: http://www.dui.com/states/dui_survey_results.html
Potential employers may run a background check on you and this could really affect your chances of getting a job. I knew someone who was very talented and after he got a DUI he lost his job and could not get another decent job for almost a year.
Most, of all you need to consider the safety of others. One may feel fine or maybe tolerate alchol better than the average person. That still does not mean they are safe behind the wheel. Many innocent people, including children did not have to die from a drunk driving releated accident.
Think about it, it is not worth it. Know your alternatives - taxi, designated driver - whatever it may be, plan ahead!
2007-01-25 10:12:48 · answer #2 · answered by ok 2 · 0⤊ 0⤋
Those people who say if you refuse you are "automatically guilty" are wrong. The State has to prove your guilt beyond a reasonable doubt whether you take the test or not. However, those who say that a refusal could be used against you in a trial are correct.
Those people who say you will go to jail for refusing are wrong in my experience, though perhaps this is true in some states. In California this is not a separate crime, and you are no more likely to go to jail after a refusal than before.
Those people who say you will lose your license are correct. In California a refusal results in a license suspension even if you are not found guilty, and in harsher punishment if you are.
Bottom line, it is never "best" to refuse to take a test which is required of you.
However, note that in many states you have a CHOICE of what test to take, so you can refuse to take the Breathalyzer in favor of some other test. The advice I have heard most often is that if you believe that you are NOT guilty, it is better to take a blood test (a direct draw of blood) than a breath test, because the blood test is more accurate. I have also heard that a urine test (if that is offered) is the least accurate.
2007-01-25 10:07:59 · answer #3 · answered by Anonymous · 1⤊ 0⤋
This is a local law question. In my state, if you refuse you lose your license for refusing. However, it's much harder to prove a DUI without the breath test. Also, in my state, the prosecutor needs an expert witness to get a conviction if you are only slightly over the legal limit. This varies a lot from state to state. Sorry I can't give you a definitive answer. My personal rule is that I never drive if I've had anything to drink. If we go out and my wife drinks, I don't. That's probably overly cautious, but we have a lot of checkpoints and if a cop asks me if I've had anything to drink, I want to be able to say "no." The strong smell of breath mints is also a clue to the cops that you may have been drinking.
2007-01-25 10:01:04 · answer #4 · answered by David M 7 · 0⤊ 0⤋
As a member of Mothers Against Drunk Driving (MADD) I am thankful to hear you think its a stupid idea to drink and drive. If you should happen to Drink and Drive, God Forbid this never happens, I would hope that you wouldn't Kill someone or yourself before you get pulled over by the police. If you did make it before killing someone and you did get pulled over you should always cooperate with the police. HONESTY IS THE BEST POLICY and besides that Officers are trained to recognize the symptoms of an intoxicated driver so even if you refused to take a Breathalyzer test they can still nail you for failing all the other tests they give you. Refusal to take a Breathalyzer test is an ADMISSION OF GUILT and it can only makes things worse for you.
2007-01-25 09:58:50 · answer #5 · answered by spencerluck2 2 · 0⤊ 0⤋
I absolutely agree with that philosophy! A good lawyer can many times get charges reduced to reckless, or some such thing. It is costly, either way, but if your lawyer is successful, you will have freedoms that would be lost if convicted of DUI.
If you do need to hire a lawyer, ask around. There are some lawyers who just do this kind of work in the municipality that has jurisdiction of your case. These lawyers usually know the prosecutors and the judges, and sometimes that can be very helpful provided there were no personal injuries or other extenuating circumstances.
2007-01-25 09:56:31 · answer #6 · answered by briang731/ bvincent 6 · 0⤊ 0⤋
Sure, if you want to go to jail. Most states have what is called an implied consent law; in short, what that means is when you signed your drivers license that you automatically agree to take a breath test if you are pulled over. If you DUI you'll probably get arrested anyway, but why make a bad situation worse? Even if you don't take a breath test , a field sobriety tests will show your intoxicated, but not what your B.A.C. is.
2007-01-25 10:10:05 · answer #7 · answered by evil_paul 4 · 0⤊ 0⤋
I have a better one. Why don't you just not drink and drive. That way you won't have to find out which is worst. If you get into an accident and hurt someone then you are liable. If they die is manslaughter. If you simply get stop and refuse the test is jail time. If you fail the test then is jail time. You just can't win regardless which way you put it.
What I do that me and my friends take turns. One day is the day that I'm the designated driver so I won't drink. Another day is my friends turn. Thats when I get wasted.
2007-01-25 09:55:59 · answer #8 · answered by mr_gees100_peas 6 · 2⤊ 0⤋
Depends on the state. In some states refusal to take a sobriety test is considered an admission of guilt and in all you will have to take some type of test. But you shouldn't take a Breathalyzer no matter state you are in, they are not reliable. Instead always insist on a blood test. It has to administered by a nurse and they have to take you to the station to do so. By the time you are processed your level will most likely have dropped so unless you are drunk as hell the officer wont even bother.
2007-01-25 09:55:21 · answer #9 · answered by Mazlow01 2 · 0⤊ 0⤋
Depends on which state you are in. In TX, if you refuse the breathalyzer, you lose your license as a separate offense. So, do you feel lucky?
The DUI and the refusal to take the test are two separate items. Better know your legal options before you drink and drive.
2007-01-25 09:51:56 · answer #10 · answered by Thomas K 6 · 0⤊ 0⤋
Hell no, you will be taken downtown at which time you can contact a lawyer and he will come down and hash it out. But this is a big waste of time. First of all, as you said don't drink and drive, Second if you had a few they will find out if you had to much and you will go to jail. If you haven't had to much they will just let you go.
2007-01-25 09:53:12 · answer #11 · answered by Anonymous · 0⤊ 1⤋