QUESTION

Can police manhandle you for refusing a Breathalyzer?

Asked on Jan 26th, 2013 on DUI/DWI - California
More details to this question:
I was manhandled by police because I refused a breathalyzer. One of the cops somewhat apologized stating they make him do this.
Report Abuse

6 ANSWERS

John J. Carney
I do not know what you mean by manhandle. They should and do "escort" drunks for their own safety so they do not fall down, but hey should not injure you or push you around. I do ot think it is professional but no one is going to care id you complain. You can talk to Internal Affairs and make a complaint after the case is over to avoid problems and put them on notice in case this cop does this a lot and that might cause his superiors to warn him.
Answered on Feb 24th, 2013 at 8:37 PM

Report Abuse
Michael J. Breczinski
No but they can get a warrant for a blood test.
Answered on Feb 01st, 2013 at 9:30 AM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
Generally not but I would need all of the information before rendering an opinion.
Answered on Jan 30th, 2013 at 10:21 PM

Report Abuse
Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
Update Your Profile
The police cannot lawfully manhandle you. If you have been lawfully arrested for DUI, you are subject to the implied consent law which requires you to provide a sample of your blood or breath. If you refuse to provide a sample of your blood or breath they will charge you with a refusal. The United States Supreme court has upheld the use of force to withdraw blood when arrested for DUI in a refusal situation. Obviously, being held down and having blood drawn by force could also be construed as being manhandled. You should consult with an attorney in your area, they will be able to shed light on some of the defenses that may be applicable to the facts of your case and the likely outcomes in court.
Answered on Jan 30th, 2013 at 10:01 PM

Report Abuse
Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
Update Your Profile
Don't know what you mean by "manhandle". You have provided me with absolutely no facts upon which to base an answer.
Answered on Jan 30th, 2013 at 7:45 PM

Report Abuse
They're lying. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Jan 30th, 2013 at 6:53 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters