Can you deny a breathalizer

Answer 1

Yes, you can refuse a breathalyzer, but you must consider all of the factors involved.

The decision to refuse or submit to a test is very important. Many individuals believe that if they have had a few drinks they should refuse. The problem is that a refusal carries substantial consequences. The first question that needs to be asked is are you more concerned about a DUI conviction or not being able to drive. In Florida, no matter how high you blow you will be able to drive in a restricted capacity after 30 days without driving if proper steps are followed. A first refusal would have a 90 day hard suspension without any hardship license.

When should you submit to a breath test? If you primary concern is the restriction on your ability to drive. If your breath alcohol content is likely to be near or under the legal limit. If you are slightly over .08% the intoxilyzer has a 3 point or 3% inaccuracy as disclosed by the manufacturer. This is on controlled lab tests and is likely minimized for marketing purposes. The breath test machine also uses a .02 tolerance to verify the results. Two tests are taken for verification. If you blow a .08% any result between .06% and .10% would be valid for the second test. If your breath alcohol content is near .08% these built in inaccuracies help you.

A separate method to attack the results if they are around .08% is retrograde extrapolation. Retrograde extrapolation is the mathematical process by which the accused's blood alcohol concentration at the time of driving is estimated by projecting backwards from a later chemical test. You are not DUI for sitting in the police station over .08. The blood alcohol content could increase or decrease between .015 and .02 per hour. The only way to tell would be to know your metabolism, when and what you had to eat and when and what you had to drink. You have a right to remain silent so the state will not know. If it could be higher or could be lower you have a reasonable doubt and a fighting chance of beating the case. Many counties will reduce cases with lower breath alcohol content and some counties in Central Florida will divert the case allowing you to have an opportunity to have your case dropped. Refusals sometimes receive reductions and diversions but it is generally a policy of prosecutors to fight harder when the accused refuses.

When should you refuse a breath test? If it is clear that your breath alcohol content will far exceed the legal limit but only if punishment and convictions are your primary concern. You could still receive the administrative suspension regardless of the outcome of your criminal case. If your result is over .15 you will face an increased fine and interlock on your car but you will still be able to receive a hardship 30 days after your license is suspended.

A DUI conviction can end some careers. If that is the case a double refusal might be the best option. No field sobriety exercises and no breath test. If you are a commercial driver refusing can cause additional issues by being calculated as a strike against you. If later convicted of DUI the two strikes could permanently suspend your CDL.

Answer 2

If you know that you will blow positive, yes, it can be.

You see, drunk driving is a crime, but refusing a breathalyzer is only a regulatory offense. You are allowed to in most states, but will have your license suspended for six months to a year for doing so.

When you realize that you will probably lose your license if they prove you drunk, then it's easy to refuse the breathalyzer.

However. They don't actually need a breathalyzer to arrest you for drunk driving. Do not think you can be falling down drunk, refuse to blow, and be sent home without your license.

No, those on board cameras in the cop cars can be evidence of your drunken state, as well as the officer's testimony. The jury won't thank you for wasting their time when they see the footage of you trying to hug the officer, or vomit on the shoulder of the road.

Refusing the breathalyzer only works if you are right on the line - where you are probably ethically sober, but legally drunk. For some of the .08 and .05 limits are rather silly, given that a couple of glasses of white wine at your daughter's wedding could put you "technically" over.

Consult with an attorney who specializes in DUI, and see what the laws specific to your state are. But in general, it is probably best to pass on the breathalyzer if you think it will show you as over.

(And please - I hate drunk driving. Remember, this advice is specifically saying you'll be arrested anyway if you are drunk. This passing on the breathalyzer would only have merit if you were actually sober, just "drunk" on a hairline technicality.)

Answer 3

If you mean refuse to take one then yes you can in the UK. However you will be arrested.

In the USA:

Absolutely! You are merely admitting you are guilty and will assume that position. A blood test is normally then administered after you are arrested and jailed. In that you will have no choice.

Answer 4

You can take a blood test instead. Most people would rather just take the breathalyzer test. It is easier. If you are driving and fail a field sobriety test, then refuse both the breathalyzer test and blood test, you will be arrested for drunk driving.

Answer 5

Yes, a police officer can decide not to administer the test, but if that is his decision, he cannot subsequently claim that the person whom he refused to test was an impaired driver.