Take the breathalyzer or refuse?

I would refuse to take a roadside and take it at the station...hopin to sober up. With that said, GUYS PLEASE DON'T DRINK AND DRIVE, I LOVE MY FAMILY AND LIFE TOO MUCH.
 
Originally Posted by eight2one

hmm, ill refuse...but i dont Drink and drive anymore(unless i have to)....i figure my luck was bound to run out and i was taking way too many stupid risk.
Under what circumstances would you have to?
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Well if I knew I was going to fail a breathalyzer, I'd definitely refuse. But what about states that have DUID laws on the books? Hypothetically speaking, what if you refuse a breathalyzer and they haul you in for blood work and find bud in your system? Remember, you don't have to be under the influence of marijuana to test positive for THC.
 
If you refuse, you are spending the night in jail and you will be charged with a DUI. However in the long run, if you have a competent lawyer, you will not have a DUI on your record.
 
You're screwed either way. If you end up under the limit and you refuse they're going to haul you in and you get screwed that way. If you're drunk, refuse, go to the station they'll take a blood test and they can calculate your BAC from the time of arrest - not the time of the actual blood test. So even if you are under the limit when you take the blood test it doesn't mean jack. They can go by the calculation and yes, it's admissible in court. Varies from state to state though so in the end, DON'T DRINK AND DRIVE and you won't have to worry about it now will you?
 
Originally Posted by alife epidemix

Originally Posted by eight2one

hmm, ill refuse...but i dont Drink and drive anymore(unless i have to)....i figure my luck was bound to run out and i was taking way too many stupid risk.
Under what circumstances would you have to?
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ok mr.holier than thou....we all been out somewhere, a couple drinks, not near home or outta the way for a ride, or just whatever situation where you can still drive... 0.08 can still function fully
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Originally Posted by Matt Barkley Heisman Number 8

i think in cali its best that you take it. the penalty is harsher if you refuse.

Ive been told different.  I met this dude at a wedding who was a Deputy DA for the City of Los Angeles and he said unequivocably REFUSE the field breathalyzer and get taken into the station.  Yes you will have your license suspended (you would anyways for the DUI), yes you will probably spend the night in the drunk tank, but in the long run you stand a better chance of beating the charge if you choose not to take it.  Immediately ask to contact your attorney before submitting to anything.
  
 
my boss had to take me outside of the office to calm me down because i was laughing so hard at the video. haha. needless to say, he got a laugh out of it too.
 
It is your legal right to refuse a PBT (Preliminary BreathTest) offered by the officer on spot but once you get to the station you have to blow as a condition of being a licensed driver. But still, those machines are not accurate.
 
Originally Posted by eight2one

Originally Posted by alife epidemix

Originally Posted by eight2one

hmm, ill refuse...but i dont Drink and drive anymore(unless i have to)....i figure my luck was bound to run out and i was taking way too many stupid risk.
Under what circumstances would you have to?
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ok mr.holier than thou....we all been out somewhere, a couple drinks, not near home or outta the way for a ride, or just whatever situation where you can still drive... 0.08 can still function fully
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We've had this discussion on NT many times before but you may think you're in control and are fine to drive after 'a couple drinks' but every study ever done has shown that to be false.

Don't lump everyone in as being like you either - there are plenty of people out there who wouldn't even think of getting in a car after drinking - even one drink.
 
Originally Posted by Je Ne Sais Quoi

I'd rather have my license suspended for refusing a breathalyzer, than face jail time failing it.

That cop is going to have to prove to the court that I was drunk by other, more unreliable ways
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here in GA, if you refuse, you go to jail. yeah the officer will have to prove in court you were drunk, but who do you think the judge will believe you or 12???

you either have to be him

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OR have him represent you
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, what if you refuse a breathalyzer and they haul you in for blood work and find bud in your system? Remember, you don't have to be under the influence of marijuana to test positive for THC.

This. You might just be delaying the inevitable if you
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, too. If you don't
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, though, definitely refuse if you think you're going to fail it. I've even seen this happen on COPS, and the dude passed the blood test because he had sobered up on his way in. License suspension > DUI on your record; DUI's can effect your chances for getting a job, too.
 
Is your license suspended for sure for 1 year even if you pas the blood test? I've also hear of people moving as much as they can in the cop car to get their blood pumping faster and sober up. Any truth 2 that?
 
Originally Posted by UbUiBeMe

Refuse it. It will be used against you in court.

The cops will try to convince you to take it, since of course it is better for the State.

I interned a criminal defense firm. ALWAYS REFUSE no matter how much convincing the cop does!
yep
 
I would refuse it if I was drunk. Even if my license is suspended, it sure as hell won't stop me from driving anyways.
 
Originally Posted by SunDOOBIE

I would refuse it if I was drunk. Even if my license is suspended, it sure as hell won't stop me from driving anyways.

You're too cool not to drive even with a suspended license?

Way to go bro!

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I've been driving with a suspended license since 08
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as long as you follow the speed limit and don't do anything reckless you're good... Plus they never took the hard copy of my license so it ain't to
bad

I'd definitely refuse it and take the suspended L
 
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