Breathalyzer Test: Take It or Not?

[Nbadan]

July 22, 2006
Officer charged with DUI refused breathalyzer
By JIM HAUG
Staff Writer


PORT ORANGE -- Several local police officers charged with drunken driving in recent years share something else in common, as well.

They all refused to take a breathalyzer, thus depriving prosecutors of a blood-alcohol reading that could be used against them in court.

"If you have been drinking, refusing the breathalyzer is the only way to go," said Brian Toung, a Daytona Beach defense lawyer.

"The police, or anybody who understands the system, knows they're better off without it.

News Journal (http://www.news-journalonline.com/NewsJournalOnline/News/Local/newEAST01072206.htm)

Texas has legislated some harsh laws regarding refusing a breathalyzer including immediate license suspension. Nevertheless your denying the state of a powerful piece of physical evidence and ultimately, if you're not convicted, you're not convicted, period it's over. You have no felony on your record. The short-term penalties are much better than the long-term implications.

[ChumpDumper]

How about not drinking and driving?

[Nbadan]

How about not drinking and driving?

Well that's the obvious choice, but on today;s world you can be arrested for even slightly smelling of alcohol and driving, nevermind having to blow a .08. I'm sure there are people who would never drive drunk who have driven after a couple of drinks.

[01Snake]

Yep..drinking one beer can put you close to the limit. BS

[ChumpDumper]

So don't drink two beers.

[scott]

This is why I live within walking distance of the bar...

[TheSanityAnnex]

I ride my bike to the bars every weekend. I think its bullshit I can get a dui while riding my bike that has nearly the same consequences as getting a dui while driving my car. Fuck that shit. Who am I putting in danger?

[ChumpDumper]

Are you on the street?

[TheSanityAnnex]

Are you on the street?
Not allowed to ride on the sidewalk here so yes.

I don't see how riding a bicycle drunk can land you a dui while rollerblading or skateboarding drunk can not.

[ChumpDumper]

I think the rationale is you are a hazard operating a vehicle on the road. In most places, skaters are still seen as pedestrians.

[TheSanityAnnex]

I think the rationale is you are a hazard operating a vehicle on the road. In most places, skaters are still seen as pedestrians.You are correct, but it hardly makes sense.