QUESTION
Can you refuse breathalyzer test on the road?
Asked on Jan 22nd, 2013 on DUI/DWI - California
More details to this question:
My son has been charged with DUI. He took test at the station. BAC was 0.3 or 4. Will he have to pay DUI fine and receive penalties?
9 ANSWERS
John J. Carney
If he is under 21 he will face a DWAI charge under the zero tolerance laws of New York. Retain a good DWI lawyer from Law QA or Avvo to handle the case.
Answered on Mar 04th, 2013 at 7:37 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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Was his result a .03 (which is low) or a 0.3 (which is high)? Also, was he over or under 21 at the time of arrest? In California, there is additional penalties if convicted on a refusal enhancement and additional drivers license issues. In regards to breath test on the road (prior to arrest), if under 21 or on probation that requires submitting to preliminary alcohol screening test, then refusing that test (and losing on that issue at court and/or dmv) will come with penalties.
Answered on Jan 24th, 2013 at 12:34 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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You don't say how old your son is. If he is under 21 he is too young to consume any alcohol whatsoever. If he is 21 or over, it is only illegal to drive when your ability to do so is impaired by the alcohol or his breath test is .08% or greater. Without additional facts I cannot answer your question. However, if he is charged with DUI/OUI call me or another attorney as soon as possible. With a .03 or .04 it is certainly a case that can be won at trial. Tell him not to speak to anyone about this but his lawyer. I am assuming that the readings were .03 and .04 since .3 or .4 would likely put him in a coma.
Answered on Jan 24th, 2013 at 12:33 PM
Domestic Violence Attorney serving Orange, CA
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Law Office of James Gandy
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When the police suspect a drunk driver, and later when they arrest a drunk driver, there are usually, but not always, two tests administered. The first test is a PAS - preliminary alcohol-screening - test. In California, if one is under 21 years old, they must take this test. If one is over 21 years old, they can refuse to take this test - since it is considered a Field Sobriety Test before their arrest BUT, they must take another test of their breath, blood or urine at the station. By driving in California (and in most other states) a person is giving 'implied consent' to such secondary tests. A refusal will lead to the suspension of a person's driving privileges and can possibly mean that their ability to drive may never be reinstated (though it can be reinstated a year later).
Answered on Jan 22nd, 2013 at 10:15 PM
3 Awards
The Portable BT is not important and a person can refuse to take it without problem. He did the BAC test ok and it is .03 .04 Is this in WA state. Contact me if this is in Eastern WA state.
Answered on Jan 22nd, 2013 at 10:11 PM
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The roadside portable breath test can be refused, as can the voluntary roadside maneuvers - there is no penalty for refusing these once the officer has probable cause, usually when they are handcuffing you, they will read the express consent law saying you have already agreed to take a test, choose blood or breath - blood is more accurate a BAC of 0.30 is very high and may be incorrect - it is likely that a person at this level could not stand and could be close to death if the level was 0.03, then he only faces charges if he is under 21 years old - and then he can get a baby DUI that is expunge able let me know if you want to discuss representation In response to your DUI Questions: I am a criminal defense attorney that focuses on DUI cases. If you would like to discuss your case, please contact me. Some important information- If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Answered on Jan 22nd, 2013 at 10:10 PM
Bankruptcy Law Attorney serving Whittier, CA
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Goldbach Law Group
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Refusing a Breathalyzer Test. What is Implied Consent. Most state DUI laws require drivers to undergo chemical tests to determine their blood alcohol content when they are suspected of DUI. If you are operating a vehicle while under the influence of alcohol, you may be asked to submit to a breathalyzer test. Most states have laws that outline harsh penalties for those who refuse a breathalyzer . In some cases, there are penalties for refusing a breathalyzer that are separate from any conviction of a DUI offense. If you refused a Breathalyzer during a recent DUI stop, you may want to speak with a DUI lawyer about your options. You may still be convicted of a DUI even if you refused to submit to a breath test.
Answered on Jan 22nd, 2013 at 10:09 PM
Yes he can refuse the handheld PAS test at the scene. With such a low blow, he needs to hire a DUI specialist and get it dismissed. And he better do it soon, because he has only 10 days to save his license.
Answered on Jan 22nd, 2013 at 10:08 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have raised a number of different issues. There are different fines and penalties or a failure to take the pole in a breath test on the road. It is also clear that the reported breathalyzer scores which you relate are most probably inaccurate. One way or another your son should seek counsel and make the best defense you can, these are very serious charges and have very long-term ramifications.
Answered on Jan 22nd, 2013 at 10:08 PM