Can you refuse breathalyzer test on the road? 14 Answers as of March 04, 2013

My son has been charged with DUI. He took test at the station. BAC was 0.3 or 4. Will he have to pay DUI fine and receive penalties?

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The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
If he is under 21 he will face a DWAI charge under the zero tolerance laws of New York. Retain a good DWI lawyer from Law QA or Avvo to handle the case.
Answer Applies to: New York
Replied: 3/4/2013
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
Was his result a .03 (which is low) or a 0.3 (which is high)? Also, was he over or under 21 at the time of arrest? In California, there is additional penalties if convicted on a refusal enhancement and additional drivers license issues. In regards to breath test on the road (prior to arrest), if under 21 or on probation that requires submitting to preliminary alcohol screening test, then refusing that test (and losing on that issue at court and/or dmv) will come with penalties.
Answer Applies to: California
Replied: 1/24/2013
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
You don't say how old your son is. If he is under 21 he is too young to consume any alcohol whatsoever. If he is 21 or over, it is only illegal to drive when your ability to do so is impaired by the alcohol or his breath test is .08% or greater. Without additional facts I cannot answer your question. However, if he is charged with DUI/OUI call me or another attorney as soon as possible. With a .03 or .04 it is certainly a case that can be won at trial. Tell him not to speak to anyone about this but his lawyer. I am assuming that the readings were .03 and .04 since .3 or .4 would likely put him in a coma.
Answer Applies to: Massachusetts
Replied: 1/24/2013
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
Refusal to take the roadside breath test doe not mean much. He apparently took the breath test that is required. The readings is low, but sufficient for a juvenile to be convicted of DUI. In Alabama he may qualify for a juvenile conviction under a different code section as well as youthful offender status which would limit fines and penalties.
Answer Applies to: Alabama
Replied: 1/23/2013
Anderson Law Office
Anderson Law Office | Scott L. Anderson
You should contact an attorney in your area asap. The law in MN is .08. If he has a license revocation there are time periods that are running. Time is of the essense.
Answer Applies to: Minnesota
Replied: 1/23/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    First, you can refuse to take the test on the road, and at the station. And the police can choose to arrest you on what they observe. I cannot answer the other questions, because there is not enough info. I do not know your son's age. I doubt that your son blew a .3, because that is almost four times the legal limit.
    Answer Applies to: Georgia
    Replied: 1/23/2013
    Law Office of James Gandy
    Law Office of James Gandy | James Gandy
    When the police suspect a drunk driver, and later when they arrest a drunk driver, there are usually, but not always, two tests administered. The first test is a PAS - preliminary alcohol-screening - test. In California, if one is under 21 years old, they must take this test. If one is over 21 years old, they can refuse to take this test - since it is considered a Field Sobriety Test before their arrest BUT, they must take another test of their breath, blood or urine at the station. By driving in California (and in most other states) a person is giving 'implied consent' to such secondary tests. A refusal will lead to the suspension of a person's driving privileges and can possibly mean that their ability to drive may never be reinstated (though it can be reinstated a year later).
    Answer Applies to: California
    Replied: 1/22/2013
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    You can refuse the breath test. I am curious whether your son was 0.03 or 0.3 a big difference! 0.03 is well below the "legal limit" and 0.3 is almost 4 times the limit. Either way, he should consult with an attorney to see about getting the charges dismissed or get the best plea deal.
    Answer Applies to: Illinois
    Replied: 1/22/2013
    Patrick Earl Attorney
    Patrick Earl Attorney | Patrick Owen Earl
    The Portable BT is not important and a person can refuse to take it without problem. He did the BAC test ok and it is .03 .04 Is this in WA state. Contact me if this is in Eastern WA state.
    Answer Applies to: Washington
    Replied: 1/22/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Your question is vague about the test results. If he blew a .30 or .40, he is in big trouble, and should be convicted of the offense. If he blew a .03 or .04, he stands a good chance of beating the DUI, depending on the observations by the arresting officer as to his physical condition at that time.
    Answer Applies to: Illinois
    Replied: 1/22/2013
    Connell-Savela
    Connell-Savela | Jason Savela
    The roadside portable breath test can be refused, as can the voluntary roadside maneuvers - there is no penalty for refusing these once the officer has probable cause, usually when they are handcuffing you, they will read the express consent law saying you have already agreed to take a test, choose blood or breath - blood is more accurate a BAC of 0.30 is very high and may be incorrect - it is likely that a person at this level could not stand and could be close to death if the level was 0.03, then he only faces charges if he is under 21 years old - and then he can get a baby DUI that is expunge able let me know if you want to discuss representation In response to your DUI Questions: I am a criminal defense attorney that focuses on DUI cases. If you would like to discuss your case, please contact me. Some important information- If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
    Answer Applies to: Colorado
    Replied: 1/22/2013
    Goldbach Law Group
    Goldbach Law Group | Marc Aaron Goldbach
    Refusing a Breathalyzer Test. What is Implied Consent. Most state DUI laws require drivers to undergo chemical tests to determine their blood alcohol content when they are suspected of DUI. If you are operating a vehicle while under the influence of alcohol, you may be asked to submit to a breathalyzer test. Most states have laws that outline harsh penalties for those who refuse a breathalyzer . In some cases, there are penalties for refusing a breathalyzer that are separate from any conviction of a DUI offense. If you refused a Breathalyzer during a recent DUI stop, you may want to speak with a DUI lawyer about your options. You may still be convicted of a DUI even if you refused to submit to a breath test.
    Answer Applies to: California
    Replied: 1/22/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You have raised a number of different issues. There are different fines and penalties or a failure to take the pole in a breath test on the road. It is also clear that the reported breathalyzer scores which you relate are most probably inaccurate. One way or another your son should seek counsel and make the best defense you can, these are very serious charges and have very long-term ramifications.
    Answer Applies to: Michigan
    Replied: 1/22/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes he can refuse the handheld PAS test at the scene. With such a low blow, he needs to hire a DUI specialist and get it dismissed. And he better do it soon, because he has only 10 days to save his license.
    Answer Applies to: California
    Replied: 1/22/2013
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