I have a good question is refusing a blood alcohol test charge not as bad of crime as being charged with a dui?
Like if you ask for an attorney and then they charge you for not taking it. I am in Washington state and I'm watching a cops show and just curious?
This all makes think it would depend on why you got pulled over wreck less driving, crashing or whatever while drunk because you might get that 1 year suspension anyway but not get a dui or both depending on what you where doing. I was thinking like those people who never drive but just get pulled over in the bar parking lot but never moved there cars might stand a chance at winning.
- Anonymous7 years agoFavorite Answer
In some places refusing makes for worst consequences of a DWI anyways but the problem is many sober people would and have refused at checkpoints, that get charged for crimes that are illegal in the first place.
The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. Search and seizure (including arrest) should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it. The Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment.
"They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." - Benjamin Franklin
“If you want total security, go to prison. There you're fed, clothed, given medical care and so on. The only thing lacking... is freedom.” - Dwight D. Eisenhower
- pericoLv 43 years ago
You didn't say, so i will anticipate that you are not a witness to this. In case you are not, then i will ought to further assume you're speakme the word of your arguably intoxicated cousin. Some thing to don't forget. Backside line right here is that it is now not going to be viable to reply your complete question since there's a lack of element. What do you mean he was once interviewed, and when did that take location? The change between being interviewed and wondered is not worth the time it would take to discuss it. Recall them the identical factor, for those who like. The crime of public intoxication in California isn't about alcohol degree. Blood alcohol phases are principal in DUI prosecutions, but no longer in public intoxication prosecutions. The elements of public intoxication are that any one is intoxicated by means of drugs or alcohol to the factor that they are unable to take care of their safety or the defense one anybody else. There may be also whatever in there about blockading a sidewalk, but ordinarily 99.99% of under the influence of alcohol arrests I've visible, made, or heard of had been for any one simply being overly inebriated. In an effort to the point, then: some folks, as you often be aware of, don't keep their liquor very well. A six % of beer and they're so wasted they can barely stand. Others can swig down a bottle of tequila and walk down the avenue like nothing was mistaken. So it's no longer the level, it can be the reaction. EDIT: I see you posed this query twice. I just noticed the other one, and you must undoubtedly ignore the first two solutions. They are just undeniable mistaken. Additionally, refusing to take a experiment that isn't required (breath scan) is not proof that you are guilty, and doesn't substantiate the perception that you're. I have no idea the place this notion comes from, however it is not accurate.
- 7 years ago
While refusing might make it harder for a DUI charge to stick, doing so violates implied consent. As a result, your license will automatically be suspended for a minimum of 1 year, even if charges are never filed. You can try appealing through DMV, but your chance of success is somewhere between "none" & "snowball's chance in hell."
You're also a lot more likely to be fully arrested, booked & spend a night or two in jail. Bear in mind, as well, that most states do not require a blood alcohol test for a conviction. Having one makes it easier, and depending on the level can increase the charges. But a conviction can still happen through other evidence (e.g., officer's testimony that he smelled alcohol on your breath, your admission that you had "a drink," your passenger's statement that you had been drinking, etc. coupled with the officer's testimony about your driving).
- jotacarLv 77 years ago
A breath test - not a blood test - is used there except under certain special
You should find out what the penalties are in your area for (1)refusing a test
and (2) testing over the limit.
That will tell you how the law compares them.
In Washington testing positive for DUI brings a 90 day license suspension.
Refusing the test brings a one year license suspension.
You figure it out.Source(s): dui.drivinglaws.org/resources/dui-refusal-blood...test/washington.htm
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- Howard LLv 77 years ago
It depends on which state but the fact is in most places you're much better off refusing the test. The implied consent laws are rarely enforced. The loophole is that the police must have reasonable grounds to administer the test and it's possible to challenge their reasonable grounds. You're likely to get arrested for refusing the test but your chances of having the DWI charges dropped are better if you refused the test.
- telefantasticalLv 67 years ago
It really depends on the state. In my state the penalty for refusal is worse if the have cause and you refuse. Doesn't matter if you ask for an attorney. Generally, refusal is NOT a good idea. Because they don't have to prove sobriety just cause. Which they generally always have before they get to the refusal stage.
- RandyLv 77 years ago
Depends where you are. In some jurisdictions the penalties for refusal is the same as a DUI.
- RedLv 57 years ago
I would have thought that it would be worse, as you aren't being cooperative, but if you refuse a test, they can't exactly establish your lack of sobriety, can they?