This is why you should NEVER submit to a breath test (I mean, unless you are actually quite drunk and think you can magically alter your breath). Always request a blood test and refuse a breath test. Best case scenario is you can force the police to have to get a warrant to draw blood, which takes a bit of time, and then they have to drag you to a hospital, which takes a bit of time, and maaaaybe your BAC has dropped enough, or you never had one in the first place, and it's not enough to convict.
In my state, it's automatic suspension of your driver's license. However, you can appeal it, and most police will never show up to those hearings, because it's not court.
Maybe it's worse in your state, but not drawing blood sounds ridiculous. What are they going to do, force an unconscious person from a vehicle collision to forcefully blow into their machine? Normal breathing isn't good enough for the DWI breath tests.
its pretty much like that everywhere. in minnesota tho you get revoked, pay like 800 dollars to restore it retake the stupid test then its still suspended like 6 months maybe a year i forget. But you can get a work permit to drive to court, hospital, and work... thats it period.
the other option is a interlock device, then you have pretty much full access to drive, i did that for like a year, it sucked, but hell i could drive
blood draws here i think happen which require a warrant... i think even piss tests too now it was a HUGE deal a few years ago like supreme court level. but to get one is pretty quick
force an unconscious person from a vehicle collision
then they would take your blood to test via EMT
roadside breath tests are not admissible in court anyways, its more ammo for their investigation. I think i mentioned it before its why they give you the The Horizontal Nystagmus Test first because you cant beat that. Plus, breathalyzers you wait a certain amount of time before they become accurate. like if ya have a drink and blow, you'll read crazy high. its why they ask ya when ya had a drink
the field sobriety is all bullshit fodder... well i shouldn't say that. i mean the police have the right to detain you, tow your car if you are impaired even being under .08 BAC. TBH i cant even do them sober, i actually passed them on my second DUI but i got rung in at .089 no shit. it got dropped to a careless tho, a good lawyer helps
anyways this is getting long, really they smell booze on you it is probable cause and really its comes down to your BAC in order for criminal charges
sorry i cycle thru alot of accounts, took me a while to see this
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NotPolice ago
This is why you should NEVER submit to a breath test (I mean, unless you are actually quite drunk and think you can magically alter your breath). Always request a blood test and refuse a breath test. Best case scenario is you can force the police to have to get a warrant to draw blood, which takes a bit of time, and then they have to drag you to a hospital, which takes a bit of time, and maaaaybe your BAC has dropped enough, or you never had one in the first place, and it's not enough to convict.
Gabfag ago
you know how much legal shit you get if you dont? not all states draw blood
NotPolice ago
In my state, it's automatic suspension of your driver's license. However, you can appeal it, and most police will never show up to those hearings, because it's not court.
Maybe it's worse in your state, but not drawing blood sounds ridiculous. What are they going to do, force an unconscious person from a vehicle collision to forcefully blow into their machine? Normal breathing isn't good enough for the DWI breath tests.
Gabfag ago
its pretty much like that everywhere. in minnesota tho you get revoked, pay like 800 dollars to restore it retake the stupid test then its still suspended like 6 months maybe a year i forget. But you can get a work permit to drive to court, hospital, and work... thats it period.
the other option is a interlock device, then you have pretty much full access to drive, i did that for like a year, it sucked, but hell i could drive
blood draws here i think happen which require a warrant... i think even piss tests too now it was a HUGE deal a few years ago like supreme court level. but to get one is pretty quick
then they would take your blood to test via EMT
roadside breath tests are not admissible in court anyways, its more ammo for their investigation. I think i mentioned it before its why they give you the The Horizontal Nystagmus Test first because you cant beat that. Plus, breathalyzers you wait a certain amount of time before they become accurate. like if ya have a drink and blow, you'll read crazy high. its why they ask ya when ya had a drink
the field sobriety is all bullshit fodder... well i shouldn't say that. i mean the police have the right to detain you, tow your car if you are impaired even being under .08 BAC. TBH i cant even do them sober, i actually passed them on my second DUI but i got rung in at .089 no shit. it got dropped to a careless tho, a good lawyer helps
anyways this is getting long, really they smell booze on you it is probable cause and really its comes down to your BAC in order for criminal charges
sorry i cycle thru alot of accounts, took me a while to see this
-dial