Take the breathalyzer or refuse?

[jabawokee]

Which is actually worse in the long run?

 

[daytona 5000]

Not taking it I believe.

 

[kdawg]

Yeah, isn't not taking it counted as a positive? It is round here I think.

 

[chicagos finest 23]

Never take it if you know your going to fail.

 

[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

.

 

[jabawokee]

I guess it all depends on the state but I heard if you refuse to take it then that's an automatic 12 points to your license.

 

[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!

 

[jae oh en]

i'd refuse the breathalyzer and ask for a blood test and hope enough time goes by to sober up before they can administer it.

that got one of my friends off the hook 100% a couple months ago. i'll never be in that situation though since drinking and driving is not the business.

edit - vvvvv damn, and i thought cali was strict. you get an automatic license suspension if you refuse to take it?

 

[moneymike88]

Chemical test refusal, drivers over age 21: minimum one-year revocation (18 months for a commercial driver).


http://www.nydmv.state.ny...ter02-manual.htm#sus-rev

If you're in nyc i would highly recommend that you take it.

 

[ricardo malta]

Depends on what state you're in but in CT it's an automatic license suspension for a decent amount of time.

 

[starzinoureyes]

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

.

all comes down to this.
if you take that breathalyzer, then there will be documented proof that you were drunk.


but i heard if you refuse the breathalyzer, they have the right to take you down to the station & perform bloodwork. anyone know if this is true??

 

[yen2dro3]

 

[moneymike88]

Originally Posted by starzinoureyes

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

.

all comes down to this.
if you take that breathalyzer, then there will be documented proof that you were drunk.


but i heard if you refuse the breathalyzer, they have the right to take you down to the station & perform bloodwork. anyone know if this is true??

it depends on your state...and women shouldnt be driving anyway

 

[starzinoureyes]

 

[airkeung88]

take it....refuse=jail time.

 

[Original Playa Records]

Originally Posted by airkeung88

take it....refuse=jail time.

As opposed to getting a DUI conviction? Refuse the breath test, wait until they take you in for processing, and hopefully you can pass the blood test. I had a friend who refused both.

  

 

[frostythepoptart]

if you are drunk refuse are you stupid.

you refuse, and go to the station and take it their so u can make a case and have time to sober up a little.

 

[twincsitty]

I was refusing 1 about 9 years ago.. I was guna lose my L for a year and my Whip was getting Impounded..

 

[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.

 

[juicy j 32]

In NC I would refuse to take it.

One of my buddies got pulled over and refused to take it. His license was taken for 6 months, but on his record he has no charges for a DUI. If you take it and fail, then depending on what your BAC is you will get a DUI and potentially have to have a breathalyzer installed in your car for a year.

 

[mr jordan04]

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.

 

[solealliance]

Originally Posted by Yen2dro3

 

[neukicks]

I won't do anything until I talk to my lawyer, thanks. Thats all you need to say.

 

[rsdplaya]

the laws vary by state...but i think throughout the states, refusing to take a breathalyzer is more harmful to you.

"states have revised or enacted laws to provide for stricter DUI penalties for blood alcohol content test and breathalyzer refusal."

"have additional civil or criminal penalties for blood alcohol content test or breathalyzer refusal."

"Alaska, Minnesota and Nebraska DUI laws provide for jail time for first offense refusals. With California and Vermont DUI laws, drivers who refuse the chemical test can be sentenced to jail terms if they've previously been convicted of DUI. In Vermont, the sentence can be as long as two years.

Under certain circumstances, fines for refusals reach as high as $10,000, not including court costs and increased insurance rates. In New Jersey, there's a $3,000 insurance surcharge for a first offense refusal, and that number increases with subsequent offenses.

Both New Jersey and Rhode Island DUI laws require participation in an alcohol treatment program for blood or breathalyzer test refusal."

 

[answer iv dmx]

Refuse.  Roadside breathalyzer, sobriety tests don't really mean a thing.  It's all about the station breathalyzer/blood test.  Station breathalyzer can be refuted with the proper expert and a little luck on your part.  Need to examine the calibration and procedures and such. 

Getting your license suspended is much better than a DUI conviction.  Car pooling to work for a year isn't the end of the world.  Many people have had careers destroyed by DUI convictions.