if the cops want to give you a breathalyzer can you ask for a lawyer to be present before giving one?
2007-08-28 07:30:55 · 15 answers · asked by jolowprolo 1 in Politics & Government ➔ Law & Ethics
No you cannot ask for a lawyer. However, I was taught that you can demand to have a blood test in the station, which is more accurate, and during the time to take you there it's possible that the % would go down some.
If you refuse to do either you are in trouble, lawyer or no.
2007-08-28 07:35:53 · answer #1 · answered by Anonymous · 0⤊ 2⤋
In most states if not all when you get your license you sign an implied consent form. This means that if you are stopped for a dui investigation you must either blow through the Breathalyzer or give a blood sample. You can call a lawyer but he'll tell you to do the tests. You can refuse the field sobriety tests like: Walking the line counting etc...
2007-08-28 07:40:01 · answer #2 · answered by easyericlife 4 · 0⤊ 2⤋
you will be arrested for failing to take a breathalyzer try, because of the fact once you sign for drivers license you compromise to undergo a try for drugs or alcohol while requested by way of regulation enforcement. this is stated as the implied consent regulation, all states have them. As for the ultimate to proceed to be silent that throughout basic terms applies while you're below arrest. If she submitted to the breathalyzer and her B.A.C. grow to be below .08 she won't have been arrested for DUI (assuming she's over 21). whether, it feels like your buddy made the full subject worse. additionally, if as you allege she went to the bar after she wrecked her vehicle and did no longer checklist it she could be grateful she wasn't charged with leaving the scene of an accident or hit and run unattended.
2016-10-09 09:34:37 · answer #3 · answered by fackelman 4 · 0⤊ 0⤋
Most states have made it a condition of having a license that you consent to taking breathalyzers. Eventually the state will take away all of our freedoms and regulate every aspect of our lives, but the saddest part is it's all of our fault for voting for people who won't change the system, or just make it worse.
I'm voting for Ron Paul, I'm hoping it'll be a step in the right the direction, because we have a LONG way to go. The nanny government will eventually turn on us, in many ways it already has. Police give out DUIs not for our safety, but for the money it brings in to the local governments. :(
2007-08-28 07:39:03 · answer #4 · answered by Eric578 3 · 2⤊ 2⤋
It would depend on the state.
In some states, you do not have the right to consult with an attorney before submitting to a test of breath, blood or urine. In others, you may. However, even if you are in a permissive state, if you delay by asking to speak with a lawyer to the point where they can't test you any longer.. i.e. the alcohol has metabolized out of your system, they may then cite you for refusal to submit to the breath test.
In addition, realize that in DUI cases, there are usually two different levels or proceedings. You may have the right to consult with a lawyer on the criminal proceeding, but not on the administrative proceeding. Its usually the administrative proceeding which results in loss of license.
You should probably consult with an attorney licensed in your state for a more definitive answer to this. For a referral, contact your local or state bar association.
2007-08-28 07:40:31 · answer #5 · answered by Phil R 5 · 0⤊ 2⤋
When you get your drivers license you give implied consent to wave your rights regarding breathalyzers. The penalty is a suspended license for 6 months but you may beat a DUI which could be worse.
2007-08-28 07:38:18 · answer #6 · answered by Anonymous · 1⤊ 2⤋
No, but you can and should ask for a blood test. The time it takes to get you to the hospital can aid in getting alcohol out of your blood. If you tore one on that night, you deserve to go to jail... but if you had two beers and are now paranoid that you didn't wait long enough before getting in the car, you'll have a better shot by doing the blood test.
2007-08-28 07:37:19 · answer #7 · answered by Phil C 2 · 0⤊ 2⤋
You shouldn't of been there in the first place>>??
2007-08-28 07:36:21 · answer #8 · answered by 45 auto 7 · 2⤊ 2⤋
Yes, but you would still be "refusing to give a breathalyzer" and automatically surrender your driver's license.
2007-08-28 07:35:12 · answer #9 · answered by Ricky T 6 · 1⤊ 3⤋
no the right to drive is a privilege and if you do not consent to take test you will automatically lose your lic. for at least 6 months could vary depending on state could be up to a year except for work purposes
2007-08-28 07:36:43 · answer #10 · answered by Anonymous · 1⤊ 2⤋