Since when do you have to blow twice if stopped for a DWI?

trooper3316

That is standard procedure.

The test you were given on the road was a preliminary breath test (PBT). This is a screening device only, and is not even admissible in court.

The test at the station was the evidentary test you are required to give under implied consent laws. Refusing that tes will result in you losing your license, and the fact you refused will be used against you in court. The court recognizes a refusal as evidence of intoxication.

Adam

I am just guessing here but I think the one you blew into on the street was just another from of a field sobriety test. The one at the station is probably much more accurate and they would be the results presented at court

My Evil Twin

Since you were apparently unaware that drinking & driving is against the law it's no surprise you're unfamiliar with the DWI arrest routine, and the routine you went through is standard. The police do that sort of thing for a living (thank god) so why would you think a second test was out of the ordinary? When you get your license back, don't drink & drive. You'll save yourself a lot of trouble, and you just might save the life of someone you love.

gunsandammoatwork

Trooper basically has it. However, the preliminary breath test (Or PBT) is admissible in CA as long as it was conducted per Title 17. It's true that it is strictly voluntary but I have had it presented in court on chemical test refusals.

Title 17 refers to standards of operation for the administering of breath tests. Among its many requirements is the 15 minute waiting period prior to the test and two breath tests no more than .02% apart.

Ron Akia

Your refusal to test at the station automatically resulted in the loss of your license as this is the testing that can be used in court against you. The first was merely a field sobriety test.

|â–’â–’Kebert Xelaâ–’â–’|

The above answers are dead on.

For the most part, departments in my area don't even use the portable breath machines.

The one at the station is the only one that counts.
Why wouldn't you want to blow a second time? Your BAC would have been lower than it was earlier.

samlakey

Well, unfortunately, the one at the station is the only one that matters. If you'd refused to blow the first one, then blown the second one, you'd be fine. The first one is not calibrated and not admissible in court. But they'll probably take you in if you say you won't blow after the field sobriety test. At the station though, if you choose not to blow, you'll probably have more severe consequences than your first DUI. However, you won't have a DUI on your record and also if you've already had a DUI it may be best to refuse to blow to avoid getting a second one.

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