Refuse a breathalyzer this weekend and you'll be giving blood

Pretty sure this is wrong. Police can set up checkpoints and randomly check people, especially on days like the 4th of july and anyways they can pull you over for the most ridiculous of reasons ( busted taillight, failure to signal while changing lanes, etc, etc )

 

So, here's what you do:

When they ask you if you're willing to take a breathalyzer or other sobriety test...

If you answer yes, you may be incriminated.

If you answer no, your license will be revoked.

So, what do you do?

You tell the officer, "I would like to speak to my lawyer before deciding whether I will or will not take the sobriety test. I'm not saying I won't take it, and I'm not saying I will. I'm just saying that I need to talk to my lawyer first before I can give you an answer."

 

You misunderstand. All of what you say is correct, but in the situation that is being discussed, we are not talking about checkpoints.

All of your examples, however ridiculous you believe them to be, are perfectly legitimate reasons for being pulled over. Especially if you are also driving erratically.

droxford, this weekend he will say fine, and then take you to jail to wait for your lawyer.

I can't believe I find myself defending law enforcement in these threads.

 

No they can't...the Court of Criminal Appeals struck this concept down (In Texas anyway) several years ago. DAs don't accept charges based on checkpoints

Plus I didn't realize pulling someone over for a legitmate traffic violation was ridiculous...

 

I don't even drink and have only had to do one field sobriety test after consuming absolutely zero alcohol but having the nerve to be a good guy and be a designated driver for friends (so the cause to pull me over was that I was leaving the parking lot of a bar - this was in the early 1990s).

All I've said is that there is pretty convincing evidence out there that the science that underlies the Breathalyzer has the potential to give false positives even when properly maintained.

The chances that I would actually refuse are pretty slim (since I've got to believe that even with error, it wouldn't likely turn a 0.00 into a 0.08), but if it's true that the science can result in a large failure rate (both false positives and false negatives), then we need a different solution.

 

That's all fine and good, but you don't actually have a right to an attorney before field sobriety tests or the intoxylizer. You will be marked down as a refusal - the proceedings will continue to suspend your license and it can still be used as evidence of your guilt. Most defense attorneys will probably agree with your philosophy - but don't do it thinking you've beaten the system.

 

Actually, that's the solution that I saw posted here by an attorney during a similar, previous discussion. I'll see if I can find it.

 

I'm not saying an attorney won't give you that advice...but if you think you're not getting arrested, not getting your license suspended, and not going to have your refusal used against you, you're wrong. Also bear in mind, that if you refuse all tests - you're most likely going to be pleading guilty or going to trial, not a whole lot of dismissals on total refusals.

 

actually i'm not sure how accurate these things are (one of the reasons I went into pediatrics instead of adult medicine is to avoid crap like this - of course in this day and age..... sigh). but in any event if I ever failed a breathalyzer I would actually insist on the blood test - its very accurate and would eliminate false positives.

 

They could pull you over for speeding, not dimming your lights quick enough, etc. If you've had a beer or two in the last couple hours, they'll smell alcohol on your breath. Then, it's up to you to think "well, did that beer clear my system yet or will I be nervous during the field sobriety?"

Late at night, any alcohol on breath, you're likely going to jail. Refuse everything.

 

its funny but many people probably think they would be very cooperative during an abuse exam but when actually confronted they get very defensive about the accusation (or in denial about the possibility of them missing abuse by another person) that majority of parents refuse or at least are very upset about the whole process. even those that know they are innocent just can't fathom the idea of their child being abused that they get logically paralyzed in the ER.

also the other sad truth is that abuse exams are rarely as useful as parents think. extreme abuse (broken bones, torn hymens, vaginal/anal bruising ) cases are easy. but the vast majority of cases of abuse are had to prosecute because bruises heal, hymens can be torn accidently, etc.

 

This blood test is probably just a little pin prick, no?

 

The popo are good for nothing, but harassing people.

 

thats fine. but i think there's something to be said for making a point. and the fact is that there is really very little we can do to make any points. so this is one opportunity that you do have.

 

dont drink and drive. end of story.

if you drink, then drive and it's bad enough a cop has to pull you over, how hard is to do a breathalyzer? geez.

rights..rights rights..everyone has so many freaking rights ..you cant do anything. kids got rights..parents got rights. drunk drivers..

 

Guilty until PROVEN Innocent
Is that where we are??
You are an a$$ If you don't PROVE your innocence?

I really detest the logic. . . IF YOU NOT DOING ANYTHING WRONG . . .Why would you refuse

QUESTION: At what point is it unreasonable to ask a citizen to do something . ..

Piss in this cup . . give some blood. . . allow me to put cameras in your house so I can watch you . . . if you not doing anything wrong. . you would not refuse . ..

Rocket River
This type of Facism is why American is no longer America Land of the Free

 

If you're not hiding anything, why not let the government listen to your phone calls?

 

I have been randomly pulled over . . .

Rocket River

 

Blade Runners don't live in Williamson County. We have other groovy places to hang out in.

 

You realize we live in America, right?

Not sure where I stand on this subject but your statement is over the top. But to answer your questions:

Kids got rights? Yes
Parents got rights? Yes
Drunk drivers got rights? Yes
Murderers got rights? Yes
Citizens got rights? Yes

Protecting rights is one of the most difficult things to do in a domocratic society because there are droves of people constantly trying to deny rights. The tough part about forfietting your rights is how do you draw the line? Humanity has a long history of going overboard.

Hence; The Constitution.

Okay, back to the topic.