i was at a party for a couple minutes (underage), the cops showed up and gave everyone breathalyzers and i blew a .03 but wasnt drinking, has anyone else had something like that happen to them? i was also wondering if convicted will this in anyway effect employment in the future. (i live in wisconsin)
2007-07-08 16:45:04 · 9 answers · asked by bjrice223 1 in Politics & Government ➔ Law & Ethics
No it won't affect your employment in the future.
And though you could claim that the breathalyzer was bad, they can charge you just by being at the party underage if there was alcohol present. Basically, it is guilt by association.
2007-07-08 17:21:41 · answer #1 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
You don't want to be convicted of this offense. Try to see if there is a diversion program or if the court will take your guilty plea under advisement and dismiss the case if you do some community service or complete a period of probation (ask for a pretrial conference with the prosecuting attorney and ask them to allow you to do this). This would keep this from being on your permanent record and would allow you say you've never been convicted of a crime (which may help you in a job interview or college/grad school application).
This is likely a misdemeanor offense and is not AS damaging as a felony conviction, but it would be better to come out of this without ANY conviction. These types of now-you -see-it, now-you-don't plea agreements are very common. Don't let a lawyer talk you into "fighting" the case unless it's clear that some kind of delayed sentence/diversion plea agreement is not a possibility. Good luck.
2007-07-08 17:02:25 · answer #2 · answered by Kalamazoo Mark 3 · 0⤊ 0⤋
You absolutely have something to worry about. A PBT is 98% accurate. There is NO WAY you will convince a court that you weren't drinking with a .03 reading. Your punishment will probably be harsher for lying. With an MIP offense, you may be looking at losing your license and I assure you it will ALWAYS be on your record. Get a good attorney and fight to get it dismissed. Do not even accept a derred adjudication as this is still a guilty plea. If available, ask for a jury trial.
2007-07-08 16:51:20 · answer #3 · answered by spag 4 · 0⤊ 0⤋
properly the officer does have a element, undecided how regulations in IL artwork, yet in actuality the place i'm from in case you dont subject to a breathalyzer they'll deliver you to the wellness center and make you do one, or, in case you refuse there, you're presumed in charge via fact they might't get an precise examining...its kinda like they are saying, in case you're no longer inebriated then why are you denying doing the breathalyzer type situation? i think of the cop became stunning on your concern, sorrrry
2016-09-29 08:31:27 · answer #4 · answered by ? 4 · 0⤊ 0⤋
1. Get an attorney.
2. Your body produces natural alcohols which can show up on a breathalizer if you are producing ketones. This is common with diabetics.
3. Some chewing gum is sweetened with ALCOHOL, which will show up on a breathalizer.
2007-07-08 17:00:02 · answer #5 · answered by cyanne2ak 7 · 0⤊ 0⤋
Toothpaste, gum, and mouthwash can cause your breathalyzer to detect small traces of alcohol.
2007-07-08 16:50:56 · answer #6 · answered by tagk2411 2 · 0⤊ 0⤋
Sometimes cops use breathallyzers that they know read incorrectly. If you challenge it in court they have to prove that it was recently calibrated and working properly. If they cannot do this, you get off.
2007-07-08 17:22:21 · answer #7 · answered by Biggg 3 · 0⤊ 0⤋
do you use one of those spray breath freshner? also, anything that contains alcohol will be detected by a breathalyzer.
2007-07-08 16:55:27 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Gatorade and toothpaste, mouthwash.. ect.
2007-07-08 16:53:23 · answer #9 · answered by Austin =] 3 · 0⤊ 0⤋