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To: presently no screen name; trumandogz
The penalty for refusing far exceed the consequences

How so?

These laws are very local, so check your own state, but in mine, WA... If you refuse the breathalyzer, your license is revoked for a year - which is much worse than the possible suspension you may get, if convicted, going to trial. As it is now, with other options you can negotiate in a plea, your license may not be suspended at all.

Revocation is as if you never had a license. When your revocation period is up, you must retake the driving test like a 16 year old.

The revocation will take place regardless of the outcome of your DUI trial, because the breathalizer is a condition of your license. So it's not a 5th ammendment issue, because your license is a privilege.

This presumes a breathalizer given after arrest.

Roadside breathalizers used to gather probable cause, like any other roadside sobriety tests, can be refused. You do not have to walk the line. You do not have to say the alphabet backwards or do any other roadside tests. They'll probably arrest you anyway, but at least they don't have you acting a fool on camera. Once arrested, you should not refuse the breathalizer. They can, and will, order a blood test and get your BAC anyway.

The breathalyzer is only part of the evidence, *after* your arrest. Assuming the officer can meet probable cause for the arrest, which isn't hard.

50 posted on 03/05/2010 11:26:33 AM PST by HairOfTheDog
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To: HairOfTheDog

Give them no evidence, avoid a conviction and you will be much better off.


60 posted on 03/05/2010 11:34:15 AM PST by trumandogz (The Democrats are driving us to Socialism at 100 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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