Have you ever been breathalysed?
Find answers to your legal question.
Have you ever been breathalysed?
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if you get it wrong 3 times,you get arrested?
the actual breathalysing process. Additional Details I am not talking about the results-if you have alcohol in your system or not,I mean the process,if you only have 3 chances to get it right,so they get a reading-do you get arrested if you dont do the process properly after 3 x.
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Ian UK
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As per my previous answer regarding an arrest. As for the 3 attempts thing, there's no set number of attempts you can be given. I've given more than 3 attempts in the past for people who are clearly just 'stupid' rather than drunk. |
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Judge Dredd
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It would depend on the state, agency, and officer. Where I am at you get one chance. If you mess it up, the officer will stop you and explain the procedures as well as explain that the machine knows if you aren't providing a proper sample. After that, if someone will not provide a proper sample it is considered a refusal. If the person tries to claim a medical condition, then we will bring them to the hospital and give them the option to draw blood. |
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Christian. R. Cabbages
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Yes and yes. |
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Minniex
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Yes I have. and yes you will!! |
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Kevy
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No three time rule. You take it, If we feel you are intentionally messing with us, depending on the officer, we can take it as a refusal, or explain the process clearly and the ramifications of attempting to alter the results. Then take it as a refusal if you do not comply. |
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confucious says
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just read ST answer ther is no such occupation as you state and teh three time rule does apply in the UK Iif you are in the states it may not but this question is a english one.
every policeman in the UK is trained to use the machine we dont have indivual operators as such in england. |
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Bear
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If you fail to provide a sample and the officer suspects that you have alcohol in your body (generally smell of alcohol) then you would be arrested. The law does not state that it has to be after 3 failed attempts. That is for the officer to decide and it must be reasonable. |
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sidestepper11
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I have been breathalysed more than once but, have never once been positive obviously because I don't drink alcoholic drinks. |
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frankturk50
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You dont get three chances by law and when I was on patrol you would have got one chance. |
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tomhale138
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i didnt know that you even got three chances. I suppose they do a couple just for a check, but If you fail all three then yes you are going to jail. |
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Mr Abba
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No i havent. |
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Moonshiner
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Yes, you take 1 test, the machine prints the BAC, if it is high you lose.
I passed my test. |
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railer01
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I am an intoxylizer operator, there is no such thing as a three time rule. If I know someone is trying to screw with the test by not blowing hard enough or reversing their breath then I fail them right there, even on the first try. Our test here is on an insturment called the Intoxylizer 3000 and it actaully gives 2 different breath samples on one test. If they are messing with me or my insturment I just press a button and it gives a print out as a refusal. By the way, if I have someone in front of me taking an intoxylizer test they are already under arrest. |
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A True Gentleman
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Yup, the Filth breathalysed me and he had to leave without his "nick" ... I laughed at him. |
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