What happens if you refuse drug test but take breathalyzer and pass?
I asked this question with different context earlier and all I got for response was people saying "You were probably high!" Okay, that's not helping me. I need to know what I should do in court? What to expect? I passed breathalyzer and refused drug test, was arrested anyway for DUI. Thanks for any logic and factual answers. I appreciate your time.
- 1 decade agoFavorite Answer
Hire a good lawyer, they have to prove that you were under the influence of something, they may have something up their sleeves, but your lawyers may be able to help you get around it.
- El ScottLv 71 decade ago
The fact that you refused a chemical analysis will mean that your license will be suspended (regardless of if you are found guilty or innocent) for a statutory required time period. Because you refused you will not be able to get a limited driving permit. Your insurance will probably also go through the roof (that will depend on your insurance company's policy but they usually do).
Your breath test results, the Officer's observation of your behavior and signs of impairment, the fact your vehicle had left the road, as well as your refusal of the blood test may all be used as evidence against you at trial. It will be up to the judge to determine if you are guilty or innocent.
It has been my experience that people do not refuse chemical analysis unless they have something to hide. I have never seen an innocent man refuse one of these tests in my 19 years in Law Enforcement (that is also a fact).
Sorry if you did not like my earlier answer (or this one) but if you read my profile I think I have something in there about how I don't care.
You may want to talk to a lawyer..........that's what I would do if I were you.Source(s): "All that is necessary for the triumph of evil is that good men do nothing." (Edmund Burke)
- Anonymous1 decade ago
If you refuse a drug test, you can have your license revoked or suspended immediately.
Drugs don't show up on breathalyzer tests, only by blood tests.
In many states, if you are 'impaired' by alcohol or narcotics, the officers can obtain a court order to take blood. This usually occurs when there has been an accident with injuries.Source(s): DN4CER
- scuttLv 44 years ago
while you're taking xanax you're doing drugs and you're able to not be eating. Xanax is in all probability to blame for it appearing which you had extra advantageous than 3 beers because it intensifies the effects of alcohol. you have already been stated for DUI so the xanax isn't correct yet please carry it in a prescription bottle. that is a controlled substance and the law enforcement officers have the terrific to anticipate to procure it illegally with out a prescription bottle on your call. do not drink anymore on your very own protection.
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- Anonymous1 decade ago
when you sign your drivers license you automatically give your consent to take these tests. your refusal to take one when directed by law enforcement officials will result in the suspension of you license