i was walking home from my buddys house friday night, and a cop stopped me and said i smelled like beer, so he made me take a Breathalyzer test but i passed, anyway could i have refused it?
thanks
Yes, you can refuse the breathe test and other roadside sobriety tests. Now, when I refused all tests for suspicion of DUI-alcohol I was taken into custody and stayed a few days in the county jail [because their phone systems didn't work so I couldn't call a bail bondsman]. This is in Georgia so I'm not sure if it's the same across the nation.
i was walking home from my buddys house friday night, and a cop stopped me and said i smelled like beer, so he made me take a Breathalyzer test but i passed, anyway could i have refused it?
thanks
Sure you can. If you refuse in Texas, you lose your license for a mandatory period. In addition, in many areas a judge will issue a warrant for your blood.
Why did he ask you to take a breathalyser if you were walking? That doesn't make sense to me since you couldn't be charged with DUI. I've only rarely heard of a breathalyser being given for a PI.
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You are probably referring to a portable breath test machine. We Troopers carry these in our patrol cars to check for alcohol for minors as well as adults (breath). Yes, you could have refused to take it. Then the officer takes his next step, you may not like the results if you have something to hide.
As far as the Breathalyzer you must be an operator of a motor vehicle. Yes, you can refuse and you will lose your license for six months. The officer can simply get a evidentiary search warrant for your blood and take it from you.
i was walking home from my buddys house friday night, and a cop stopped me and said i smelled like beer, so he made me take a Breathalyzer test but i passed, anyway could i have refused it?
thanks
Just to be clear: he "made you" through force, or some other method or he asked you to blow and you complied? I ask since it is important to know if consent was implied or expressed in this case.
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Ok, so if you refuse to take a breathalyzer test "when your walking" what could they cite or arrest you for? Im not trying to be a smart ass just wondering (drunk in public?). I mean say you live a couple blocks from your buddies house and you have a few drinks there and decide, i'll walk home instead of drive, your telling me your going to get in trouble?
^^^Yes you can, but most cop are not going to make contact with you unless you are doing something suspicious. Like ICEMAN II said, more so for underagers and used as an aid during a DUI investigation. Here in PA we can not arrest for DUI solely on a PBT reading. The choice has to be there for a blood draw or breathalyzer.
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