When Should You Blow Into A Breathalyzer?
Getting pulled over for a DUI can be an extremely stressful experience as most have no idea what to do in the situation. First of all, if you have been drinking there is very little a driver can do to get out of the arrest. Drinking and driving is a very serious crime due to the potentially harmful effects it can have on others.
So when should you blow into a breathalyzer, do you have a choice?
All driver’s do have a choice of whether or not they want to blow into the breathalyzer, but the choice comes with consequences.
Most states have “implied consent” laws which state that drivers must submit to a breathalyzer or chemical test upon arrest or else have their license suspended for a set amount of time. Many states such as Georgia and Michigan allow appeals to be made at local county DMV’s to get a driver’s license reinstated.
What most drivers do not know is that the Preliminary Breathalyzer Test, or PBT, a police officer carries with him is not the official test performed by the police. This test can actually be refused and not counted as an “act of refusal,” which would qualify for a suspension of license. However, the refusal of this act can be used against a driver in court, but often; the test is too inaccurate for its results to be permitted as evidence. In some states such as Georgia, the PBT can only be used to show if the driver was over or under the limit.
The real test is usually performed at a police station and is usually a much larger breathalyzer, such as the Breathalyzer 5000. These results are much more accurate, and a refusal of this test can carry serious consequences. Also if a driver takes a PBT but refuses the other test, an officer will usually testify it is because the driver saw the results of his PBT and knew he would fail the test.
When a driver is hurt and request to be taken to a hospital, and police suspect the driver was intoxicated, most states count this request as an “act of refusal,” because the police can longer administer a Breathalyzer test. Blood work done in a hospital can also not be used in court in most states due to patient doctor confidentiality.
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Attorney for Loudoun County
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