QUESTION
If never convicted with a clean record can you refuse the breathalyzer more than once?
Asked on Dec 26th, 2012 on DUI/DWI - California
More details to this question:
I heard you could only refuse breathalyzer one time. After that, you must take the test if requested. Also, can you request a blood test instead?
11 ANSWERS
Michael J. Breczinski
You will be charged with refusing the breath test if you refuse even once and get your license suspended. If you want a blood test then you have to take their test first.
Answered on Jan 09th, 2013 at 7:26 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You cannot refuse a BAC test at any time. You can request either a breath test or blood test.
Answered on Jan 04th, 2013 at 3:33 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Regardless of your criminal record, if you are stopped for suspicion of DWI or DUI and requested to take a breath test, you MUST take one or your license will be suspended.
Answered on Jan 04th, 2013 at 2:59 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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There are no rules about how many times you can refuse the breath test. You can refuse it every time it is asked of you. However, depending on whether you have previous DUIs or not, the license suspension for the refusal goes up. You can refer to my website for the license suspensions for refusing the breath test if you are interested.
Answered on Jan 04th, 2013 at 2:24 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You can request a blood test in addition to an intoxilyzer or urine test, but you are not entitled to refuse a test required by law enforcement even once. You may be thinking of the fact that penalties and suspensions are harsher if you refuse or have an OWI conviction beyond the first one. You would be well advised to find a skilled lawyer.
Answered on Jan 04th, 2013 at 8:02 AM
Michael Paul Vollandt
I never heard of that. If you request a blood test in the alternative most jurisdictions will allow you that choice (Trombetta).
Answered on Jan 04th, 2013 at 7:02 AM
Administrative/ Regulatory Attorney serving Airway Heights, WA
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Clinton Law Office
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You can refuse a breathalyzer as often as you want. If you do, DOL will automatically suspend your license.
Answered on Jan 04th, 2013 at 7:00 AM
You can refuse a preliminary alcohol test (breath test) before you've been arrested. But once you are arrested you must submit to a chemical test. You can request a blood test instead of a breath test.
Answered on Jan 03rd, 2013 at 12:43 PM
Criminal Defense Attorney serving El Segundo, CA
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Rubin, Inc.
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As a licensed drive you agree to submit to blood, breath or urine test upon request of a peace office. There is no one time refusal.
Answered on Jan 03rd, 2013 at 12:42 PM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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Even your first refusal will result in a suspension of your driver license. There is no such thing as one "free" refusal irrespective of what your record might be. After you have submitted to a chemical test, you may request a test of your own.
Answered on Jan 02nd, 2013 at 3:18 PM
You can refuse the handheld PAS test. Don't confuse this with the chemical test that you are required to take. With that said, refusal cases are generally more defensible for defense attorneys, provided you hire something who knows what he is doing (ie. a DUI specialist).
Answered on Jan 02nd, 2013 at 3:17 PM