Dui Test
DUI Breath Test, Can I Refuse? Author: Jonanthan Stone It is incorrect to simply believe that you can refuse to take a breath test when an officer requests that you do so on suspicion that you are driving with a blood alcohol content (BAC) above the legal limit. As it turns out, in many states...
DUI Breath Test, Can I Refuse?
Author: Jonanthan Stone
It is incorrect to simply believe that you can refuse to take a breath test when an officer requests that you do so on suspicion that you are driving with a blood alcohol content (BAC) above the legal limit. As it turns out, in many states, whoever receives a state driver license gives "implied consent" to any such request made by a police officer. Refusing such a test can get you into more trouble than you were in previously, including having your license suspended on administrative grounds which can be very difficult to have reversed and can last longer than a suspension should you be found guilty of DUI. So it may be in your best interests to simply take the breath test. It is important to know that you always have the right to discuss things with your DUI attorney. In some states you can claim this right even before deciding whether to take the breath test as long as it doesn't interfere with the test itself.
While such evidence is often very important to the prosecution's case, this does not mean that the breath test evidence will actually make it to court, however. Over the past year there has been a fair amount of question called regarding the accuracy of a particular model of breathalyzer machines. The accuracy of the Intoxilyzer 5000 has been called into question by the Office of the Attorney General in Washington, DC and accordingly readings taken by this device were often not admitted into evidence. Other models of the Intoxilyzer have had even more interesting results. If your lawyer is able to cast enough doubt on the reliability of the results of the test, it may be dismissed from evidence entirely, or it may allow a judge or jury to find the case in your favor.
So taking the breath test and having it read above the legal limit does not automatically signal conviction. In some circumstances the admissibility of this evidence can be questioned, and even when it is admitted, the accuracy of the reading can be called into question. Besides, refusing to take the breath test will only get you into bigger trouble than you may already be in. You need a lawyer who understands the intricacies of the law surrounding DUI cases. Finding the best DUI Lawyer for you is your first step to getting the best possible result for the situation in which you find yourself. Do yourself a favor and make a good analysis of all of your options before making a final choice on who will represent you.
What happens if you are pulled over and refuse a DUI test? Don’t you have the option to consult an attorney?
I live in Illinois. Wouldn’t you have the right to consult an attorney before answeing any questions or taking a test?
Do probation officers drug test for DUI offenders?
I got a DUI about a month ago, and I have to meet with my probation officer for 5-10 minutes tomorrow, to pay my monthly court cost. Will s/he make me take a drug test? Do courts typically make people with DUI’s take drug tests?
NO. By driving a car you give “implied consent” to a breathalyzer test at any point.
“Illinois courts have uniformly concluded that a defendant has no right, either constitutional or statutory, to consult with an attorney prior to submitting to a breathalyzer test. See People v. Thomas, 199 Ill. App. 3d 79, 556 N.E.2d 1246 (1990); People v. Cadwell, 160 Ill. App. 3d 495, 513 N.E.2d 539 (1987);People v. Gaddi, 145 Ill. App. 3d 227, 494 N.E.2d 696 (1986);Village of Cary v. Jakubek, 121 Ill. App. 3d 341, 459 N.E.2d 651 (1984).
In Colorado they will administer a Drug test to see if they can ding you on something else. So If you test positive for a narcotic now you will be forced to get more drug tests and pay for them.
Dui’s are a ploy to make money for the state, so be careful.
In my jurisdiction, all blood tests are done to look for alcohol and drugs.
does california test for other drugs in DUI blood tests?
Much to my shame, I was arrested for DUI in California recently. They took a blood sample to test my alcohol level. I have severe insomnia, and had taken 1MG of klonopin about ten hours prior to my arrest. I am wondering if they will routinely test for its presence in my blood? You can believe I’ll never do this ever again. Very foolish.
lay off the crack my man
Do you have right to refusal of a blood test in a dui case in the state of ny?
Was just wondering if you had the right to refuse a blood test for dui in the state of ny?
yes you can…but then they could get a warrant ..or even suspend your license for 6 months
will i have to take a drug test for dui probation?
I’m on strict probation for a year for getting a dui. Once a month I must meet a probation officer, and my first meeting w him/her is in a few days. Will he/she make me take a drug test? On the probation paper it said nothing of regular drug testing…