2007-07-29 12:09:54 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
No. But states have a law called "implied consent". That means one condition of your driver's license is that you must consent to taking field sobriety tests (including the breathalyzer). Failure to do so is a crime.
2007-07-29 12:20:43 · answer #1 · answered by Anonymous · 1⤊ 0⤋
No, and it would be REALLY FOOLISH to take any type of sobriety test (breathalyzer, touch your nose, walk the line) if you KNOW you are impaired! You would be simply giving them evidence to convict you of DUI, rather than leaving them the burden of proving the case with whatever they already have.
One Constitutional Law professor at a Boston law school once said you have no legal obligation to even get out of the car, let alone prove to the police that you're actually drunk or sober. If they want to forcibly remove you, they had better have a PRETTY good case already, knowing that they are going to be sued either way. Massachusetts then passed a law making it a crime to resist an illegal arrest!
2007-07-30 01:08:28 · answer #2 · answered by Nuff Sed 7 · 0⤊ 0⤋
No, it isn't. The fact that you refused, however, can legally be brought to the attention of the judge or jury and they are permitted to take the refusal into account when deciding your guilt. The average person would likely infer that you knew you had had too much to drink to be driving. Better to take the test and hope for the best.
2007-07-29 21:48:37 · answer #3 · answered by Penguin_Bob 7 · 0⤊ 0⤋
No it is not. It is an admission that you don't want to take a breathalyzer. If you do refuse a breathalyzer, though, you lose your license for six months.
2007-07-29 19:13:56 · answer #4 · answered by greencoke 5 · 1⤊ 1⤋
what do you think if someone told you no he wasn't going to take the test what would you think.Even though it isn't a admission of guilt the police don't look at it that way.
2007-07-29 19:15:31 · answer #5 · answered by Teenie 7 · 0⤊ 0⤋
no, but refusing can result in revocation of driving privileges. consenting to a breathalyzer is a condition to the privilege of driving.
2007-07-29 19:59:47 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Greencoke must be from Va.! We've had a lot of the DUI laws and driving offense laws recently changed here.
2007-07-29 19:19:55 · answer #7 · answered by bpgagirl22 5 · 0⤊ 0⤋
NO... but they can arrest you for not taking one... I just dont know what would happen when it goes to court... ya know.
2007-07-29 19:14:32 · answer #8 · answered by Anonymous · 0⤊ 0⤋
yes...
2007-07-29 19:14:43 · answer #9 · answered by Anonymous · 0⤊ 0⤋