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Denying a breathalyzer

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minorssuck

Junior Member
What is the name of your state? Minnesota

I'm 17 years old. If I am at a party which has been busted and have been drinking but I am not in a vehicle can I deny a breathalyzer? If so, can I still be ticketed with a minor consumption without taking the test and failing? If I keep my mouth shut and deny the breathalyzer what evidence do they have to give a ticket if they can?
 


fairisfair

Senior Member
they do not have to have a breathalyzer to charge you with minor consumption.

How about you just keep your mouth shut when the beer gets close to it, instead?
 

ForFun

Member
As the other poster mentioned, they don't need a breathalyzer to see that you've been drinking, or whether you have a drink in your hand.

On another note, never submit to a breathalyzer unless you truly haven't been drinking. It makes about as much sense as consenting to a search of your car when you know there are drugs inside.

Why dig your own grave?
 

Bretagne

Member
On another note, never submit to a breathalyzer unless you truly haven't been drinking.
Careful, this is not good advice. If you've been driving, failure to submit to testing is a crime. In my jurisdiction, the refusal can be more serious than the crime of DUI, and the ramifications are much more severe (you lose your license for a year, rather than as little as 30 days).
 

fairisfair

Senior Member
Careful, this is not good advice. If you've been driving, failure to submit to testing is a crime. In my jurisdiction, the refusal can be more serious than the crime of DUI, and the ramifications are much more severe (you lose your license for a year, rather than as little as 30 days).
and of course Bret is correct. and probably kind of cute as well. LOL ;) :p
 

Bretagne

Member
From reading your posts for some time now, I knew you were highly intelligent as well as highly intuitive, fairisfair. ;)
 

Bretagne

Member
what about a failure to submit to a PBT when you have NOT been driving?

--Dave.
A PBT is different from the "real" Intoxylizer. You never have to blow in a PBT if you don't want to. Zero reliability, can't be admitted in evidence (except to beef up State's PC to request that you submit to a "real" test).

Politely decline the PBT and the FSTs and politely submit to the real test.

Don't let them take your pee at the side of the road, either.
 

ForFun

Member
Careful, this is not good advice. If you've been driving, failure to submit to testing is a crime. In my jurisdiction, the refusal can be more serious than the crime of DUI, and the ramifications are much more severe (you lose your license for a year, rather than as little as 30 days).
Failure to submit to a breathalyser is a crime in your jurisdiction, and is more serious than a DUI? What state?

In the jurisdictions I've seen, losing your license for a few months is not as severe as having a DUI.
 

fairisfair

Senior Member
Failure to submit to a breathalyser is a crime in your jurisdiction, and is more serious than a DUI? What state?

In the jurisdictions I've seen, losing your license for a few months is not as severe as having a DUI.
many states, the refusal is considered a separate crime in and of itself. Since in this case we are talking about MN, you might want to check those laws specifically.
 

ForFun

Member
many states, the refusal is considered a separate crime in and of itself. Since in this case we are talking about MN, you might want to check those laws specifically.
The fact that it's a crime itself isn't surprising...what surprised me is that it is more serious than getting the DUI.

Not challenging it, though. I just haven't seen a state like that. I'm still curious which one(s) are like that.
 

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