If you are actually sober why on earth would you not take a breathalyzer test. There may be some slight inaccuracies but you are NEVER going to blow over the limit unless you’ve been drinking. I could see MAYBE refusing a test if you think you are close to the legal limit but that’s your problem for drinking and driving.
Assuming you’re talking about the handheld roadside units and not the calibrated stationary units, those ‘slight inaccuracies’ can be the difference between being let go or giving the cop any evidence to claim you’re intoxicated and hauling you into the station for processing. And again, the cop is only looking for excused to list as grounds for further suspicion and justification for hauling you in. Don’t do their jobs for them by voluntarily participating in any investigation that isn’t required by law.
If you’re referring to my comment about potentially refusing the breathalyzer at the station knowing it likely constitutes an admission of guilt; that can be the difference between being just over the limit or facing an Aggravated DUI charge for having a recklessly high BAC and finding out there are some distinct increases in penalties between the two. Realistically, someone with a BAC that puts them into Aggravated DUI territory isn’t likely to be thinking clearly enough to make that decision, but still with mentioning.
Obviously, no one should drink and drive in the first place, but if someone finds themselves in such a situation and is arrested it’s likely better to know the difference in consequences, legally.
Here’s a crazy thought: stop driving whilst under the influence of alcohol, or any other intoxicant for that matter. People who do that are a danger to themselves and everyone around them, and need removing from the road as swiftly as possible.
If you’re sober you wouldn’t, but if you were a prick that drives drunk and is not much over you could hope to refuse and then by the time you get to the station you might have sobered up enough to pass the test here.
If you are actually sober why on earth would you not take a breathalyzer test. There may be some slight inaccuracies but you are NEVER going to blow over the limit unless you’ve been drinking. I could see MAYBE refusing a test if you think you are close to the legal limit but that’s your problem for drinking and driving.
Assuming you’re talking about the handheld roadside units and not the calibrated stationary units, those ‘slight inaccuracies’ can be the difference between being let go or giving the cop any evidence to claim you’re intoxicated and hauling you into the station for processing. And again, the cop is only looking for excused to list as grounds for further suspicion and justification for hauling you in. Don’t do their jobs for them by voluntarily participating in any investigation that isn’t required by law.
If you’re referring to my comment about potentially refusing the breathalyzer at the station knowing it likely constitutes an admission of guilt; that can be the difference between being just over the limit or facing an Aggravated DUI charge for having a recklessly high BAC and finding out there are some distinct increases in penalties between the two. Realistically, someone with a BAC that puts them into Aggravated DUI territory isn’t likely to be thinking clearly enough to make that decision, but still with mentioning.
Obviously, no one should drink and drive in the first place, but if someone finds themselves in such a situation and is arrested it’s likely better to know the difference in consequences, legally.
Here’s a crazy thought: stop driving whilst under the influence of alcohol, or any other intoxicant for that matter. People who do that are a danger to themselves and everyone around them, and need removing from the road as swiftly as possible.
Ok fair enough. I thought you were saying you should never consent to a breathalyzer test even if you were sober.
If you’re sober you wouldn’t, but if you were a prick that drives drunk and is not much over you could hope to refuse and then by the time you get to the station you might have sobered up enough to pass the test here.
Right exactly. The comment I was reply to though says you should always refuse the test though, that’s what I was disputing.