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Do u have to take a breath a lizer test if a cop asks?



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ali morad
yea, you have to do I guess

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Drew
nope as long as you have a good lawyer

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velvet.kevorkian
You don't have to do a LOT of things that cops ask.

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sunline
Rating
Iam not 100% sure, but I think you can refuse but you have to go for a blood test. Its like, you have a choice, but either way they do have the legal right to test you.

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nomad
Rating
If you are suspected of drink driving, then only
you will be asked to a breathalizer test. You may refuge.
Then you will be arrested. A doctor wiil take a bood,
for a labratory test. You have the right to refuse. In this
case you will be charged to obstruct to enforce the law
of the land. The choice is yours.

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no nickname
Rating
If you want to keep your license and maybe prove that you are not legally intoxicated, then yes, you do.

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W W D
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It's called implied consent. When you got your driver's license, you agreed to puff into the machine. If you change your mind and refuse, each state is a bit different, but the bottom line is that your refusal reverses the usual presumption of innocence. You now have to prove you're sober, and that may not be the worst of it.

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JohnRingold
NO you don't. The only thing you really have to do is Die. See you don't even have to pay taxes. However, there are causes and effects involved here. If you don't take a Breathalyzer test then you will lose your license under the implied consent law. IF you refused to participate in the Field Sobriety test then you will still probably get convicted of DUI based on the Officers observations of your conduct during the Officers contact with you. Don't pay your taxes and the Feds get involved an throw you into jail too. But remember you always have a choice.

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David H
You can refuse. But if you do, you will be regarded as being over the limit anyway and prosecuted as such.

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kram_7777
Rating
They ask your consent because they suspect that have been drinking. When you sign for your drivers license, if you read the small print it says that you will submit a breath sample upon request at any time. Cops just ask to be nice about it, even though you signed a contract stating that you will do it without question. If you have any questions about this rule just call your local DMV or drivers license issue and ask to see it in writting, even though most states put it on the back of their licenses. Just look

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fnytms
No! But you better pack your bags cause you're going to jail in most states! Then when you do get to court, the Judge ain't gonna be real happy with you and more often than not, you'll get the max penalty. In some states a refusal is the same as an admission of guilt!

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John71
Rating
No. But you will be arrested if you decline to then be asked the next question to submit to a blood test.

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simp1102
Depending on your state.. Most states have it now where if you refuse you lose you license for 30 days. Here in the state I work in it is like that..You dont get the choice of having your lawyer there, cause lawyers do not have the right to be in the testing area. If you do take the test, then you have the right to have blood taken from the hospital to see if the intoxilizer gave a wrong reading (rarely happens)..Also refusing is showing automatic guilt when presented in front of the judge.

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fredthedog52
Rating
In the state of Tennessee you can refuse BUT if you do you automatically lose your license for 1 year. ( and 9 times out of 10 you get convicted of DUI anyway.)

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fr_chuck
You can of course always refuse, but most states have a complied consent, which means if you refuse your drivers license will be suspended automaticly.

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*****
You can refuse, but, if you are ovbviously drunk, you will be jailed, and most likely, your license will be suspended, or revoked.

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tomarescobar
In Arkansas no...but then they just write you a refusal ticket. Then you have more to deal with when you go to court.

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pumkyn1970
I know that in the stat of GA you will have your DL suspended if you refuse to take a test and I do know that they can take you to jail also but that's just GA law not too sure about other states.

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shane McClaine
monongahela court house in PA had a case where somerich guy had 28 DUI's and he got the person that made the test to say it was bull **** he was paid but if you can get the case number they will throw the case out becouse they dont want the people to know this hope it helps peace

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Edward J
In Indiana, no you don't. Then your license will be revoked for a year.

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gemoorejr
Rating
In Virginia, you can refuse to take the test but you are still charged with DUI based on the officer's observations and field sobriety test. Your license is automatically suspended for 7 days. Once you go to court, depending on your previous history, your license will be suspended for at least 6 months. If you have previous convictions, that time increases.

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spag
Rating
Here's the scoop.....yes you can refuse. If you do than I will have your license suspended for 1 year.(almost all states) If you have been involved in an accident, you do not have the right of refusal. I can call a judge, get a telephonic warrant, and take your blood without your consent. Actually, I have to drive you to the hospital and they take it. If you blow, and it's your 1st time, you may see your license suspended for about 90 days or so, depending on the state. Yes you will have it on your record and insurance will be hard to find. Best defense, get some breath test or saliva test kits and keep them in your glovebox. (available at drug stores, online, cheap) If you question your impairment, test yourself before you drive.

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kellz_car
Rating
hi - the answer is No !

BUT if you refuse the police have the right to detain you for further investigations. By this i mean they can take you to the police station and do a different type of breath test. If this then comes back positive they can escort you to the local hospital for a blood test.

Bearing in mind that if you are drink driving and you refuse a test then the courts will be more harsher on a penalty. Also if you are not drink driving you may have a case for harassment depending on exactly how it all came about.

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Bart S
No. But if you refuse to give a sample they can take you to the station and call a doctor to take a blood sample from you.
They have the right to find out if you were drunk while driving for the safety of other road users.

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