Doing this would get you arrested, but would it reduce your chances of DUI conviction?
Why or why not?
Ashton has been drinking at a friend's party and leaves. On the way home he is pulled over by the cops. He knows he's had too much to drink.
"Have you been drinking tonight?" the cop asked him.
Ashton says he doesn't want to answer questions without the presence of an attorney.
The cops tells if he doesn't blow he'll go to jail. Ashton says nothing and lets the officer arrest him.
I met an attorney last night who specializes in DUI defense and he said if you've been drinking and you're pulled over, STFU and do not, under any circumstance, submit to the breathlyzer or field test.
nowhere - thanks, genius.
Karen - a blood draw would is more accurate than the breath test. Plus, they have to wait for a search warrant, as I understand it, to draw blood, thus giving your body some time to metabolize some alcohol.
- q SLv 79 years agoBest Answer
It depends on your state laws.
In my state there are a number of things the officer can do to document your impairment. They use the following observations in totality to determine if they feel you are impaired or not.
- Driving actions (The national highway transportation safety administration publishes a guide on specific driving action - say weaving - and the likelihood of impairment, more than one violation and the officer can testify in court that based on your style of driving you had a 75% chance of being DUI.
- Reaction to emergency lights
- Hand movements
- Vehicle exit
- Unusual Actions
If you are asked to perform a voluntary field sobriety test you could be asked to participate in an evaluation of your eyes, 9 step walk and turn and one leg stand. Research shows that these three exercises alone are 91% accurate in determining if the subject is impaired. In my experience roughly 20% of the people who admit to drinking pass the test and are let go. A preliminary breath test is allowed in my state but can not be used against the subject in a jury trial.
Based on those observations the driver is asked to submit to a chemical test, breath or blood. To be issued a driver's license in the United States you must give your word to cooperate with a chemical test. this promise that you agreed to and signed for is called implied consent or express consent.
Officers keep an HGN log. It documents everytime that they have someone perform field sobriety tests. It also documents what the result of the chemical test is. It is not uncommon for an officer to have 100% accuracy. This will be introduced in court.
If you take the test and fail your license is suspended for 30 days, after which you are eligible to obtain a red license for 8 months.
If you refuse to obey your own promise your license is suspended one year with no opportunity for a red license. The second time you refuse its 1 2 year suspension, third time 3 year suspension etc. Your lack of integrity will be brought up in the jury trial. They may even show the actual legal document you signed when you applied for your driver's license.
The only person who wins in a case of DUI is the attorney. ($10,000 vs the price of a taxi)
Don't take a chance - call for a taxi or have a designated driver.
Below is a link to help you estimate your blood alcohol level. As well as a link to NHTSASource(s): http://www.bloodalcoholcalculator.org/bac_charts/5 http://www.nhtsa.gov/people/injury/alcohol/sfst/in... (Field Sobriety test Accuracy)
- 9 years ago
They never have to wait for a search warrant and most people don't want the blood test to be more accurate. Think about it, the alcohol would be out of your system before a warrant came back as well as the cost of having to issue a warrant for every DUI arrest.
Both the breath and the blood have their defenses depending how long ago you drank, when the blood was analyzed etc.
Further, yes, by not answering the officers you'll likely be arrested, but depending on what police agency you're dealing with, nothing you say or don't say will keep you from being arrested and it is always better to stay quite.
The only time I would do a breath test at the scene is if I just drank. Hopefully my blood alcohol would be lower than at the station and I could later argue a "rising" defense which would put me at less than a .08% during the time of driving.
Also, Implied consent doesn't pertain to the Preliminary Alcohol Screening device.
Finally.. "HGN Log 100% Accuracy for FSTs???
That seriously brought a smile to my face. Despite their training, despite hours upon hours it takes to get their certification, you would not believe how sloppy most of these cops are.
Gross paperwork errors naming someone totally not related to the case in the police report, for example. They can't even get the defendant's name right, or even sort of right. You really expect everything else to be 100% correct? What a laughSource(s): http://dmv-dui-attorney.com http://dui-attorney-huntington-beach.com http://dui-attorney-newport-beach.com http://lagunabeachduiattorney.com
- HrēodbēorðLv 69 years ago
I've never heard of a DUI law where automatic presumption of guilt is not attached if you refuse any part of the field sobriety test. I'd say the attorney you met was at a bar drinking.
- Ladder 26Lv 69 years ago
They don't need a warrant to have a health professional draw blood from a licensed driver. Check your "Implied Consent" laws. You have already given consent to blood drawing when you sit in the drivers seat of a vehicle.Source(s): Firefighter/paramedic
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- Anonymous9 years ago
Well don't use that attorney for anything.
# Implied consent means that by applying for a driver's license, you give your consent to take a Breathalyzer if an officer asks you to. Punishment for not abiding by implied consent laws can include fines, higher insurance premiums, revocation or suspension of license or vehicle registration and even jail time.
Read more: Penalty for Refusing a Breathalyzer | eHow.com http://www.ehow.com/facts_6808389_penalty-refusing...
- Anonymous9 years ago
it's kind of like telling the cop they can't search your car, if you have pot in it. they will just bring out the dog, he'll smell it, then they'll arrest you and impound your car. if you declind a breath-a-lizer they will automatically arrest you and draw your blood, no judge is needed as you already authorized blood tests when you got your license
- Anonymous9 years ago
That's nice. In Louisiana, they call a judge and haul your a$$ to the hospital for a blood draw. And they look for more than alcohol. Don't do it here.Source(s): It's the law, implemented because attorneys always gave that advise and no one would blow.
- SocksLv 59 years ago
Yes, but your license could be suspended for up to a year.Source(s): The exact thing happened to me. WA state
- 9 years ago
The better idea is not drinking and drive in the first place.