Refuse to take breathalyzer

[mikebox]

What is the name of your state (only U.S. law)? MD

Hello,

I was wondering what would happen if I refused to take a breathalyzer. Can they force a breathalyzer on you?

 

[lenny71]

What is the name of your state (only U.S. law)? MD

Hello,

I was wondering what would happen if I refused to take a breathalyzer. Can they force a breathalyzer on you?

They can have a judge issue a warrant for a blood draw.

 

[mikebox]

They can have a judge issue a warrant for a blood draw.

By the time this happens though couldn't the alcohol be out of your system, and if it is still in your system, how could they prove it wasn't from before you were driving?

 

[Zigner]

By the time this happens though couldn't the alcohol be out of your system, and if it is still in your system, how could they prove it wasn't from before you were driving?

1) I bet it happens pretty darn quickly
2) Your refusal *could* act as an admission on your part.

 

[CdwJava]

Unless Maryland has a state law to the contrary (and I doubt it does) or the agency involved has a policy against it, then under federal case law the police can force blood from a person in order to preserve the evidence. If you refuse the mandatory chemical test after an arrest for DUI you will get a license suspension. Then, the police can have the blood drawn anyway and then you get prosecuted AND your license gets suspended.

- Carl

 

[paguy88]

What is the name of your state (only U.S. law)? MD

Hello,

I was wondering what would happen if I refused to take a breathalyzer. Can they force a breathalyzer on you?

what brethalyzer would you be speaking of refusing?

the hand held device at road side? that is not required to the best of my knowledge in any state to take. that is only part of the FST. many think you have to do this but you don't

the mechine "at the police station" this one you do. or suffer scantions from the DMV. and used against you in court.

 

[mikebox]

I'm referring to the road side test. When you get pulled over.

 

[Yertle8]

If you refuse any chemical test in PA you will lose your license for a year. This includes the roadside one.

 

[paguy88]

If you refuse any chemical test in PA you will lose your license for a year. This includes the roadside one.

again stop spreading fails info.

that is 100% NOT TRUE..

you DO NOT have to do the road side breath test in PA or for that matter any state to the best of my knowlege.

 

[Zigner]

If you refuse any chemical test in PA you will lose your license for a year. This includes the roadside one.

Not that it matters, since our OP is in MD

 

[paguy88]

Not that it matters, since our OP is in MD

this is true...

again I am not aware of any state that you are required to take the road side breth test.. I could be wrong, as I researched this 2 years ago and found none.. but I know for a fact since the OP said PA.. we are NOT required.

 

[Yertle8]

Not that it matters, since our OP is in MD

That's nice, I was replying to paguy88. The law in PA applies to all chemical tests.

 

[Zigner]

That's nice, I was replying to paguy88. The law in PA applies to all chemical tests.

Yertle - Our OP is from Maryland. Don't muddy the waters.

 

[Zigner]

If you refuse any chemical test in PA you will lose your license for a year. This includes the roadside one.

Actually, the law doesn't seem to require the roadside tests...please cite.

 

[Yertle8]

PA Act 24 of 2003 states repeatedly that PennDOT shall suspend the license of any driver who refuses a chemical test when requested. The type of chemical test is never stated. Why someone would think that infers that you can refuse a test because it is on the side of the road and not in a building is beyond me. It says that nowhere, and police generally make suspected DUI drivers aware of the law before the roadside test because if they refuse they are losing their license for a year.