I was at a party in Utah a year ago, and the cops came in cause someone let them in. So I was in the back, with no alc in hand. They still gave everyone in the party breathalyzers and got a ticket. Could I have said NO?
2007-10-29 11:50:19 · 13 answers · asked by alongfortheride 2 in Politics & Government ➔ Law & Ethics
Yes you can. And without alcohol in hand, I have doubts as to teh officer's "probable cause" for asking you to take a BA. What ws the ticket for? You weren't driving. Underage drinking? If so, you should have fought it.
2007-10-29 15:35:23 · answer #1 · answered by mcmufin 6 · 0⤊ 0⤋
Yes, I believe that you could have, though there would have been penalties for doing so. In Texas, anyone can refuse the breathalyzer if pulled over; however, if you do so, you will be taken to jail and your license will be suspended for six months. The upside is that without a breathalyzer, you will likely never be convicted of DWI which can have much more serious penalties...
2007-10-29 11:54:41 · answer #2 · answered by Anonymous · 0⤊ 0⤋
ill bet you all were under the legal drinking age or disturbing the peace or both. That's the reason you were breathalyzed. is that pretty close to the whole story? Normally they won't do that with adults. Sure you could have said no. Why? You were going to jail anyway,There are other charges they could find along with being drunk.
2007-10-29 18:35:33 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I would guess that each state has its own guidelines - in Maine, for instance, refusing a breathalyzer is the same as an admission of guilt.
If you have been drinking - stay out of Maine - it has some of the toughest drunk driving laws in the country.
2007-10-29 12:00:35 · answer #4 · answered by LeAnne 7 · 0⤊ 0⤋
Yes. I don't know what the penalty is, though. In Missouri, if you get pulled over driving (which you weren't) and you refuse a breathalyzer, you won't get a ticket, but you automatically lose your license for a year. So you can refuse, but you be penalized.
2007-10-29 11:58:41 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes, you have the right to refuse an alcohol test (breath or blood) but it is an admission of guilt to a lesser charge, and usually results in automatic license suspension. If you really are drunk, this is usually the best course to avoid heavy fines or jail time.
2007-10-29 11:54:14 · answer #6 · answered by smartsassysabrina 6 · 1⤊ 0⤋
If you were not in a car yes you can.
how ever if you are in a car and have a drivers license. If you say NO the penalty is worse than that of a DUI.
Driving a privilege not a right
The above posters all assume you were driving. You stated that you were not.
2007-10-29 11:56:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I am not sure about Utah, but I know in some places you can say no, but if you do they call a supervisor who will decide your fate and generally means your going to sit in the tank for a few hours.
Saying "no" is always an option bu it is not always the best option.
2007-10-29 11:54:28 · answer #8 · answered by Stone K 6 · 1⤊ 0⤋
Because you were not driving or operating any vehicle (as I understand you ) I believe you were coerced into taking the test. What I don't understand is why they would bother to test anyone. Alcohol is a legal product.... Were you underage?
If so.... you got what you deserve.
I'm guilty of the same thing.. no judgment here, just observation.
2007-10-29 11:58:19 · answer #9 · answered by prancinglion 5 · 0⤊ 0⤋
Yes... but most states will automatically suspend your license if you do.
Some states may take you to a hospital to get a blood test.
2007-10-29 11:54:46 · answer #10 · answered by MARSHA G 2 · 2⤊ 0⤋