If I get pulled over for DUI, should I refuse to take a breathilizer?

kobayashi

REFUSE. the lawyer is the key. You will be burned if you blow. the sentancing is harsher.

mr_gees100_peas

I have a better one. Why don't you just not drink and drive. That way you won't have to find out which is worst. If you get into an accident and hurt someone then you are liable. If they die is manslaughter. If you simply get stop and refuse the test is jail time. If you fail the test then is jail time. You just can't win regardless which way you put it.

What I do that me and my friends take turns. One day is the day that I'm the designated driver so I won't drink. Another day is my friends turn. Thats when I get wasted.

John S

Those people who say if you refuse you are "automatically guilty" are wrong. The State has to prove your guilt beyond a reasonable doubt whether you take the test or not. However, those who say that a refusal could be used against you in a trial are correct.

Those people who say you will go to jail for refusing are wrong in my experience, though perhaps this is true in some states. In California this is not a separate crime, and you are no more likely to go to jail after a refusal than before.

Those people who say you will lose your license are correct. In California a refusal results in a license suspension even if you are not found guilty, and in harsher punishment if you are.

Bottom line, it is never "best" to refuse to take a test which is required of you.

However, note that in many states you have a CHOICE of what test to take, so you can refuse to take the Breathalyzer in favor of some other test. The advice I have heard most often is that if you believe that you are NOT guilty, it is better to take a blood test (a direct draw of blood) than a breath test, because the blood test is more accurate. I have also heard that a urine test (if that is offered) is the least accurate.

Bad Samaritan

If your considering what to do to not get caught, than your going to do it. Your a drunk driver.

I hope you get caught before you run head on into a school bus filled with 6th graders, bring grief and despair to their families, and have the guilt eat away at you like a slow cancer the rest of your life.

Have a nice day.

Calee

All of these answers are correct - if you refuse, you're
automatically guilty.

oracle

You're admitting guilt if you refuse to take it.

DUI kills more people anually than ALL other felony homocides COMBINED.

Don't drink and drive.

Thomas K

Depends on which state you are in. In TX, if you refuse the breathalyzer, you lose your license as a separate offense. So, do you feel lucky?

The DUI and the refusal to take the test are two separate items. Better know your legal options before you drink and drive.

mandapandaz80

Don't refuse. If you do they are still gonna make you do it when you get to the station and the way alcohol works, you'll blow higher there than you would when they pull you over.

Paulien

no, that is incriminating yourself, it's illegal to refuse a breathalizer if you are asked to...when you get your license and sign the thing it's actually in the fine print that you have to take one if asked to with just reason...otherwise they assume you're guilty....trust me, it happened to one of my good friends...

therernonameleft

no way bud. if you refuse you automatically lose

Mazlow01

Depends on the state. In some states refusal to take a sobriety test is considered an admission of guilt and in all you will have to take some type of test. But you shouldn't take a Breathalyzer no matter state you are in, they are not reliable. Instead always insist on a blood test. It has to administered by a nurse and they have to take you to the station to do so. By the time you are processed your level will most likely have dropped so unless you are drunk as hell the officer wont even bother.

I really hope you never end up behind the wheel after you have "had a few" you should make a promise to yourself that you will never drive even after one drink. And let's say you did and got pulled over, it is not a good idea to refuse the breathilzer.

In California where I live, you will be taken to jail immedietaly after refusing. I don't know how they prove you where DUI, but I doubt anyone gets away with it. When it is decided you are guilty, you will have more problems than someone who was cooperative.

DUI is a huge pain to deal with. You may go to jail for a few months to 1 year, but I have never known anyone who did go to jail. You will have to do community service, pay a fine, and attend DUI school. State by State details here: http://www.dui.com/states/dui_survey_results.html

Potential employers may run a background check on you and this could really affect your chances of getting a job. I knew someone who was very talented and after he got a DUI he lost his job and could not get another decent job for almost a year.

Most, of all you need to consider the safety of others. One may feel fine or maybe tolerate alchol better than the average person. That still does not mean they are safe behind the wheel. Many innocent people, including children did not have to die from a drunk driving releated accident.

Think about it, it is not worth it. Know your alternatives - taxi, designated driver - whatever it may be, plan ahead!

Domingo

You cant refuse to take it. If you refuse it's worse for you. That is two things they can hold against you buddy.

forbidden_love500

Well if you refuse, you'll go to jail

attax321

Basically people will look at things this way, if you refuse it, than you probably will go to jail, just take it and accept the consequences and get them over with quickly.

NewMommy!!!

if you refuse the breathalizer- they take you to jail... if you fail the breathalizer- they take to you jail. if it were me- since i was going to jail either way, i think i would refuse it.... but then again i wouldnt get into that situation....

just an fyi-

there are tow companies that tow your car home for you when you've been drinking- its not as expensive as regular towing.... you might want to look into that instead

DRIVE SAFELY!

spencerluck2

As a member of Mothers Against Drunk Driving (MADD) I am thankful to hear you think its a stupid idea to drink and drive. If you should happen to Drink and Drive, God Forbid this never happens, I would hope that you wouldn't Kill someone or yourself before you get pulled over by the police. If you did make it before killing someone and you did get pulled over you should always cooperate with the police. HONESTY IS THE BEST POLICY and besides that Officers are trained to recognize the symptoms of an intoxicated driver so even if you refused to take a Breathalyzer test they can still nail you for failing all the other tests they give you. Refusal to take a Breathalyzer test is an ADMISSION OF GUILT and it can only makes things worse for you.

chole_24

No, as refusal will make things more difficult for you. The police are allowed to arrest you under 'probable cause' suspicion of drinking and driving if they small alcohol on your breath. Regardless, you will be charged with suspicion.

gizful

NO it is illegal. You should just admit and get a deal. If you haven't don it before you should get into too much trouble.

The Chesire Cat

no..if you refuse the breathalyzer..you are automatically found guilty and the judge can and will push the maximum sentencing...

your best bet, take the breathalyzer, you have a better shot at leniency..

tiffany

they will throw you in jail if you refuse

ktray1275

not if you want to keep your liscence

EBL

Take the breathalizer test as the officer instructs. Then let your lawyer hash it out later.

xxifeelbeautifulxx

No. You will be arrested immediately if you refuse a breathalizer.

Kenster102.5

Your stupid a lawyer will not be able to fight that, beside police cars have recording devices and dash cams

xphxpd

Each state law is different. The punishment for refusing could be worse that a first time dui.Check your state laws.

evil_paul

Sure, if you want to go to jail. Most states have what is called an implied consent law; in short, what that means is when you signed your drivers license that you automatically agree to take a breath test if you are pulled over. If you DUI you'll probably get arrested anyway, but why make a bad situation worse? Even if you don't take a breath test , a field sobriety tests will show your intoxicated, but not what your B.A.C. is.

sellatieeat

m.. i don't think so. .. I think they can arrest you for something like... by charging you for like not cooperating with the cops while under suspicion of DUI.... or something liek dat

David M

This is a local law question. In my state, if you refuse you lose your license for refusing. However, it's much harder to prove a DUI without the breath test. Also, in my state, the prosecutor needs an expert witness to get a conviction if you are only slightly over the legal limit. This varies a lot from state to state. Sorry I can't give you a definitive answer. My personal rule is that I never drive if I've had anything to drink. If we go out and my wife drinks, I don't. That's probably overly cautious, but we have a lot of checkpoints and if a cop asks me if I've had anything to drink, I want to be able to say "no." The strong smell of breath mints is also a clue to the cops that you may have been drinking.

Baby#3Coming!!!

I read if you refuse the test you are considered guilty!!

didn't blow

I refused to blow and refused to blow at the station. Never blow all it does is give them evidence against you. In Georgia my license was suspended for one year. But I had a permit to drive until my license hearing, which a good lawyer can postpone over and over again. I was found not guilty because they had no evidence. I was charged with DUI and reckless driving. The DUI was thrown out and I am on probation for the reckless. When all probation items and court fees have been paid it will be off my record too. End result No Points and clean driving record. I no longer drink and have learned my lesson. Please, don't drink and drive it is not worth it.

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