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Gamble for refusing the breathalyzer test

Can anyone refuse the breathalyzer test?

In states where it is established the breathalyzer, yes, you can refuse to perform the breathalyzer test.

Can anyone deny any analysis if you are stopped on suspicion of drunk driving or diminished capacity?

Again, yes, a person can refuse to conduct analyzes. In many states that have established the breathalyzer, there is a consequence for refusing to submit to testing. In some states such consequence is the automatic and immediate loss of license. This does not require the driver to be convicted or arrested for DUI. This is a situation that occurs when a driver gets his driver’s license. Known as “tacit consent”, the request for obtaining the permit has a section known by the driver and by consent agreed that the refusal to carry out chemical analysis and other tests in a legitimate police stop on suspicion of driving drunk and automatically lose driving license. It seems that if a DUI arrest is dismissed, loss of license would also be dismissed, because the violation of the implied consent is a civil regulation by the RMV and is based on a legitimate police stop on suspicion of driving with diminished conditions. In some states the refuse to analysis, at least to the breathalyzer test, you may incur penalties worse than the fact the test done and confront the results in court.

When an officer stop a driver on suspicion of driving with diminished capacity, has to take specific actions that define a lawful stop, the legal determination of disability, and legal arrest. One of these actions, in most states, is to inform drivers what the law requires, expected and what the rights of the driver are. The officer must also warn the driver of the sanctions that will result from test refusal. If the officer incorrectly reports some form of these consequences, it would be cause for dismissal of the charges. Some have reported that the words used by an officer gave the reason for refusing to submit to testing. These words suggest that the consequences could occur, would rather that was enough reason to refuse the test, and that the charges were later dismissed altogether. Depending on how high the reading of the breath tests, the reading itself may be sufficient to convict the driver. This is known as “DUI per se”. Each state regulates this definition, as well as blood alcohol levels (BAC), which is achieved if the driver is legally arrested for DUI. Most states seem to use the .08% BAC as the threshold.

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