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Can you get a DUI arrest if you don't breathe into the breathalyzer and refuse a blood test?
Wiki User
∙ 7y ago
Yes, you can get a DUI arrest if you don't breathe into the breathalyzer and refuse a blood test. First, an officer can arrest you for showing ANY signs of impairment or intoxication. Second, most States enacted laws that if you refuse a breathalyzer, you can be arrested anyway. You can't avoid it, so you might as well do what they ask.
Wiki User
∙ 7y ago
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What happens if you get pulled over and refuse a breathalyzer test?
Arrest, and charged with failing to provide a specimen. A blood test will be taken.
Is it illegal in Texas to refuse a breathalyzer?
It is not illegal to refuse to submit to a breath or blood test in Texas. You have the right to refuse such tests. However, there are civil penalties which may automatically apply if you refuse to comply with a law enforcement request to take such a test. Your driver's license can be revoked for 180 days for a first offense refusal to take the breathalyzer test.
What can measure BAC?
Urine, blood or breathalyzer tests
What is a breathalyzer?
A breathalyzer is a small device that is used to determine a person's blood-alcohol content. The higher the blood-alcohol content, the more alcohol the person has in their blood. In Kansas, a level of .08 or greater will result in a DUI.
Does high blood pressure meds affect the breathalyzer test?
No.
Do they need to do draw blood when arresting you for drinking and driving or is a breathalyzer test sufficient enoungt?
In the State of PA, the office will give you a breathalyzer at the scene of the incident and then escort you to the hospital to draw blood.
Can you be charged with a felony DUI if you were never given a blood test or breathalyzer test?
Normally...No. Assuming the arrest was made based off of a Field Sobriety test the officer only had reasonable suspision to effect the arrest, however the burden of proof in a court of law must substantiate that claim with tangible evidence such as a blood, urine, or breathalyzer test. It is possible to convict based off of statements made by the arrestee prior to the arrest such as # of drinks consumed etc. in combination with the officers observations and testimony. Excessive hostility toward the police officer also weakens your case as does "stumbling, slurring speach, etc". If you refuse any type of chemical test (blood, breath, or urine) the court may admit the case under "consciosness of guilt" and may proceed but only if you were given the option and refused. If you were not given the option of a chemical test however, and can prove it, (cops will likely win the argument) then you have an excellent chance of getting the case dismissed.
How does an in car breathalyzer work?
An in car breathalyzer is a device that is attached to the starter of your car that detects the driver's blood alcohol level. If you have a significant blood alcohol level it wont allow you to start the car until you do.
Why is the breathalyzer important?
A breathalyzer is important because that is how the police officer will test your Blood Alcohol Content (BAC) to see if you are over the legal limit for driving.
Can I buy a breathalyzer for my use?
A breathalyzer measures the blood alcohol level from a single breath. These devices are commonly sold in many drugstores and can be purchase by anyone.
Can you be arrested for public intoxication without being given a Breathalyzer test?
short answer, no. They can ask you to produce a sample but if you say no they can arrest you to test you at the station In most jurisdictions, the police only need probable cause that you are intoxicated. If they smell alcohol on breath or observe your behavior indicating that you are under the influence, they can take action. After they have you in custody, they can administer a breathalyzer or blood test.
What can be tested with a breathalyzer?
The Breathalyzer is a device which can be used to test the alcohol content level in blood. If you want to know more information on this. You can check here http://www.rapiddrugdetection.com/Alcohol-Breathalyzer-p-1-c-250.html
