Driving in Michigan with an Illinois license. Went to wine tasting for my job. Was taken to hospital for blood sample.
2007-09-22 08:36:42 · 16 answers · asked by brian h 2 in Politics & Government ➔ Law & Ethics
In most states you'll loose your license if you refuse the test
2007-09-22 08:42:33 · answer #1 · answered by 1st Buzie 6 · 2⤊ 0⤋
In most states, refusing the breathalyzer AND a blood sample is an automatic revokation of the license. If the blood is taken promptly, most states will rely on the blood test and disregard the refusal to blow, but some states lift the license for refusing to blow even if the immediate blood sample comes back 0.0.
2007-09-22 15:45:40 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It doesn't matter why you were drinking, the only thing that matters is your blood alcohol level. In NY, if you refuse a breathalyzer you automatically lose your license. It's viewed as an admission of guilt. Most likely your refusal will be used against you.
2007-09-22 15:42:18 · answer #3 · answered by Gypsy Girl 7 · 1⤊ 0⤋
Where I live (which is not where you live) refusal to provide a breath sample is another charge...
the courts actually rely on the samples given at the station or hospital when trying to determine your guilt...(unless you were slurring and stumbling) so the initial refusal seems suspicious....most courts don't even accept the road side test as admissable thanks to errors..the concept of them is to weed out the suspcious from the not suspicious....
a decent lawyer can argue the blood alcohol absorption rates and get you off...if that is the case and the truth,
DONT DRINK AND DRIVE.
2007-09-22 15:56:19 · answer #4 · answered by elysialaw 6 · 0⤊ 0⤋
you should always take the breathalyzer and handle it in court with y our lawyer later - refusing in some states can mean you automatically loose your license just for refusal, even if your blood test shows you had far less than what is legal in your system -
you need to make it known to the courts the reason you requested the blood test is because you werent sure how the wine would register ( im assuming you spit the wine out and didnt swallow ) but knew you didnt consume more than the legal limit - and you were concerned
2007-09-22 15:40:28 · answer #5 · answered by imissmahboo 4 · 1⤊ 1⤋
That's Your right. If they didn't get a court order for the blood test you have a better case. Admission of guilt is done in court, not on the side of the road. You may have to face repercussions for your refusal.
2007-09-22 15:44:55 · answer #6 · answered by Anonymous · 1⤊ 0⤋
yes
their logic will be this: why would you refuse any sort of sobriety test unless you werent sober? if you were sober, then you would have taken the breathalyzer because it would just prove that you are sober.
its a good argument too, which sucks
2007-09-22 15:42:46 · answer #7 · answered by lizi g 3 · 0⤊ 0⤋
not sureof the law there in Michigan. But here in Texas its the law that is required of everyone no matter what state they are from. If they refuse they are taken to jail for a 24hr stay.
2007-09-22 15:45:16 · answer #8 · answered by sonnys1980cc 2 · 0⤊ 0⤋
You have the right to either a breath test or blood test. Refusing both would be grounds for one year revocation of your license.
2007-09-22 15:41:22 · answer #9 · answered by sensible_man 7 · 2⤊ 0⤋
My brother in law is a lawyer here in Texas and he told my boy's if they ever go stopped and had a good idea that they would not pass the test. He told them not to take it and don't give blood do nothing, try and look normal on the video cam.
When it goes to trail they have no hard evidence on you. it's not to hard to get you off.
.
2007-09-22 15:47:14 · answer #10 · answered by ULTRA150 5 · 0⤊ 0⤋