If you pass a breathalyzer test,do the police have to let you go?
If you fail the field sobriety tests, but pass the breath alcohol test, then they should have you take a blood test for illegal or prescription drugs.
Can an officer breathalyze or give you a sobriety test for no reason(CA?
You cannot be detained at all absent an officer's reasonable belief that you have engaged in criminal activity. SCOTUS recently decided that you cannot be required to take a breathalyzer test (or any other blood test) without the issuance of a search warrant unless you consent to the test. (Missouri v. McNeely.) The Arizona Supreme Court has just ruled that so-called "implied consent" does not vitiate the warrant requirement. Again, a judge will not issue a warrant absent a showing of probable cause to believe that the person committed an offense. An officer does not have to have any reason to ask if you will voluntarily take a blood alcohol test, but absent your consent, a warrant is required. How this will play out regarding the PAS test and California's rules for those who are under 21 has yet to be decided, since under present CA law a person under 21 can have his or her license suspended for refusing to take the PAS test.
Is a breathalizer necessary or can one request a field sobriety test?
the reason i ask is if there is a protocol in procedure. I am very sober in apperance and have never failed a field. Yet other times when pulled over Ive had to take a immediate breathalizer. I have a very expensive car and get pulled over alot, yet never failed a breathalizer or field. But I feel more confident in my actions and eye movements than my breath some nights. Also please stop with the crash comments, i would never drive if i was impaired..despite what the state determines as "impared" . hell my mother could have a thimbel of vodka and she would be all over the road yet not technically impared. Its silly to even have that discussion. I am a believer in the field sobriety test not breathalizer. Do some reading on that sometime its full of faults.
Can a sober person get a DUI by refusing to take a breathalyzer test?
Sort of. This answer applies to Canada and does not constitute legal advice.In Canada, there are basically four different charges that a person would understand as DUI, or impaired driving. These are:Impaired driving. This can be by drug or alcohol and can be proved by the observation of the accused person. Basically, if a person is acting drunk or stoned and their driving is impaired.Having a blood alcohol level over .08.Refusal to provide a screening device sample.Refusal to provide a breath sample.These offence all carry very similar penalties. So, if a person refuses to provide either a breath sample or a screening sample that has been validly demanded, then that person is guilty of a “DUI" even though they may well be sober.On Dec. 18, changes to the criminal code came into effect in Canada. The police may now demand a creening device breath sample from any person without any grounds where that person has been stopped for some other valid law enforcement reason.It is always safer to provide to sample.[1]Footnotes[1] impaired driving - Dahlem Criminal Defence
Can a police officer breathalyze me if I'm a passenger?
In the state of California they would if you showed them your idenfication and they found out your underage an drunk you could be arrested.. after taking test. So to answer your question Yes you would regardless of the driver.. but more than likely there call your parents and notify them that your drinking and you would probably get in trouble with your legal guardians.
Can a breathalyzer test, test for marijuana?
Last night I was pulled over by a cop, who had me do a sobriety test, then take the Breathalyzer test when another cop got there. Then both the cops accused me of being on marijuana, and told me that the breathalyzer test was telling them that I was. They told me that I was lying and they had ever reason to believe I was. The thing is, I have never been on marijuana in my life. Were they bluffing to get me to confess something? I thought the breathalyzser test was only for alcohol.
Is it true that it’s better to refuse the breathalyzer than receive a DUI?
Criminal defense attorney here. There is one particularly bad answer here suggesting that you refuse to take the test. Ignore it.Almost every jurisdiction in the U.S. has implied consent laws. They typically state that refusal to take this test will be grounds for revocation of your license. Most revoke it for far longer than an OUI/DUI conviction would. That in and of itself is a decent reason for acquiescing to the test, but there is another that is better:Many jurisdictions also have refusal laws, meaning they can still successfully charge and convict you with OUI/DUI if you refuse the test.Fun.Attorneys can successfully challenge the intoxilyzer/breathalyzer readings in court, meaning if you did take the test and fail you still have a shot at avoiding a conviction. It is exponentially harder to fight a refusal as all they have to show is that you refused. Thats it. End of story.Take the test and deal with the results by hiring a qualified OUI/DUI lawyer. The results will almost always be far better than if you refuse.
Is it possible to beat a breathalyzer test? How?
I have a good friend of mine who after a night out, stupidly thought he could drive the short distance home. He was stopped and asked for a breath sample. He explained that he had rather sore lungs and therefore would be unable to complete this. He was therefore arrested (12.30) and taken to the police station, where they can perform other tests (daily routine, no handcuffs and being in UK, they didn’t threaten to shoot him either).On arriving at the police station (1am), the custody sergeant explained he had three choices:The big breathalyser machineA Blood testA Urine testHe explained his problem with the breath test and so opted for a urine test.He was given a sample bottle and sent to the gents. He waited in the cubicle. there was a knock at the door, asking him to hurry up.‘Sorry, just trying’ he responded.5 minutes later and the policeman was getting quite cross.‘Sorry, not just yet..’10 minutes later and they were about to break the door down.At that point he existed the WC with an empty bottle saying that he was really sorry but he couldn’t do it. He would have to have the blood test after all.It was around 1.30am by this time. A local doctor was called and half an hour later the doctor arrived. My friend then went white as a sheet and started to hyperventilate. After 10 minutes of the doctor trying to calm him down, he explained that he was terrified of needles and could not go through with it.The policeman then told him that iff he did not do one of the three tests, he would be convicted of failing to provide a specimen. He then agreed to try the breath test after all.It was now after 2am and over two hours since his last drink. He completed the breath test. This is done three times and the lowest reading is the one used. The third reading just squeezed past the allowable level. A very cross policeman return his car keys to him. He has not driven after drinking again.
Should a drunk driver agree to blow into the breathalyzer or make the police obtain authority to draw their blood?
If you are pulled over the officer will do several physical tests to build his probable cause. And if you refuse to blow or take a blood draw after these tests then the officer will simply get a warrant to do a blood draw. DUIs are rather easy to get a warrant for the test.But you must be smarter than the game. You burn up an ounce of alcohol about every hour. If your a taker of opioids, they will show up in your piss and blood for up to 5 days. If your a smoker of the weed, It will show up in your system for up to a month. So if you smoked weed 2 weeks ago and tonight you get pulled over and the officer smells an intoxicant but you know you had two drinks over at your friends house while you watched the game. You better blow in that tube. If you refuse just because of principle like some of these people have commented. Then the officer is going to get a warrant for a blood draw and that marijuana you smoked two weeks ago is gonna show up in your blood test. When you could have just blown and with 2 drinks if your an average man 5′10 170 lbs you probably would have blown a .04 and been on your way home. Instead your on your way to jail. Your blood draw is gonna show positive for THC and you are gonna be charged with DUI and refusal to submit. Its a chess game and you had better know your best move.