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Old 07-16-2003, 10:03 AM   #1
tobRS
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Default refusing to blow

In Va if you are pulled over after a few drinks and asked to do a breathalizer and you refuse, what happens next?

My friend was saying they can arrest you, but I always thought that they then just had to do the blood test (which might mean bringing you to the station?).

Not that I have to worry about this happening, just curious...




ps. got a stupid check engine light on the way to work today
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Old 07-16-2003, 10:06 AM   #2
rhdude
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when I first saw the thread title, I thought you were talking about a few of my ex g/f's...



if you refuse, they can take you into custody...
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Old 07-16-2003, 10:08 AM   #3
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If memory serves, you thereby "admit" to drinking and driving and get charged with it. I will do some searching though...

Rumor mill:

Smoking means they have to delay your breathalizer by 2 hours, 5 hours if smoking menthol cigs.

You can opt for a blood test which will take forever at the local ER.
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Old 07-16-2003, 10:33 AM   #4
awoland
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My buddy is a police office, and when he was in the academy & they showed them how to use the breathalizer, he was chewing ICE BREAKERS GUM & set the thing off!

I would ALWAYS opt for a blood test, those breathalizers have more False-positives than you care to know!

Aaron.
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Old 07-16-2003, 10:40 AM   #5
tobRS
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just realized how that could be taken . but no, i dont have that problem muahah.
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Old 07-16-2003, 10:42 AM   #6
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Quote:
Originally posted by rhdude
when I first saw the thread title, I thought you were talking about a few of my ex g/f's...
well he definately wasnt talking about your mom....


IIRC, it is technically not illegal to refuse to blow into the breathalizer.
However, when you got your license, you signed an agreement that you would agree to blo...test... and if you refuse, your license can get revoked.

I do believe you can decline the roadside breathalizer and request a more accurate full size unit......

this is all based on shady recollection of drivers ed class 8 years ago.....
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Old 07-16-2003, 10:49 AM   #7
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Default Link to the law

http://leg1.state.va.us/cgi-bin/legp...cod+18.2-268.3

If a person, after having been arrested for a violation of 18.2-51.4, 18.2-266 or 18.2-266.1 or of a similar ordinance and after having been advised by the arresting officer that (i) a person who operates a motor vehicle upon a public highway in this Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood and breath taken for chemical tests to determine the alcohol or drug content of his blood, (ii) a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and (iii) that the unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of this Commonwealth, refuses to permit blood or breath or both blood and breath samples to be taken for such tests, the arresting officer shall take the person before a committing magistrate. If the person is unable to be taken before a magistrate because the person is taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer at a medical facility, in the presence of a witness other than a law-enforcement officer, shall again advise the person, at the medical facility, of the law requiring blood or breath samples to be taken and the penalty for refusal. If he again so refuses after having been further advised by the magistrate or by the arresting officer at a medical facility (i) of the law requiring blood or breath samples to be taken, (ii) that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and (iii) the penalty for refusal, and so declares again his refusal in writing upon a form provided by the Supreme Court, or refuses or fails to so declare in writing and such fact is certified as prescribed below, then no blood or breath samples shall be taken even though he may later request them.
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Old 07-16-2003, 11:38 AM   #8
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my advice is not to take a breathalizer if pulled over, especially right after drinking a beer (only has to be one). my old roomate bought a breathalizer similar to what cops around here use and we'd test it out all the time. all it takes is a couple of sips of alcohol to blow over .08 (or whatever the legal limit is). breathalizer's are a bullsht way of determining a person's actual alcohol content.

i'd refuse, then get arrested and buy myself sometime to get some alcohol off my "breath". they'll take you to the station and try giving you another breath test; burp! if you burp, they have to wait another 15-30 minutes to give you the test because burping does something to the readings.
my old roomate got off the first time partly because they didn't have proof of him being drunk (from refusing the breathalizer) even though he threw up on the side of the cop car
while i don't advocate going out, getting drunk, and relying on this method; i also know that you can get in some serious stuff while only having one or two beers.

just something to think about
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Old 07-16-2003, 12:15 PM   #9
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This is some what also from memory of high school drivers ed, but this was about 2 years ago. I believe if you refuse breathalizer you can request blood test. If you do blood test it can take them up to 4 hours before getting it done. The way our teacher put it to us ( he was a really cool teacher and was basically hinting) is that when you request blood test, they have to take you down to the hospital, fill out forms, wait in line, and just chill till a nurse/dr is able to do it, and like he said emergency's come in taking up the nurse/dr's time and traffic to the hospital and a whole bunch of variables. Our teacher said though that if you refuse both then they i believe can take you to prison for the night, and you refusing the tests can be used against you. I think I would rather take the chance that the alcohol would leave my system or not show up through a blood test then risk a breathalizier. I know there is some sort of way of finding out how long it takes to not show up like 1 beer 1 hour or something.
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Old 07-16-2003, 01:28 PM   #10
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You can refuse a prelimenary breath test, which is the one on the side of the road, BUT %99 of the time it can only help you, as most officers will only advise you of your rights to take it when they feel you have failed the other tests and are probably gonna be arrested anyways. Think of it as another field test. The actual breathalizer is given in a controled enviroment, with a 20 minute wait period in which the subject cannot vomit, belch, or hiccup. If they do any of the above, the time starts over. If the subject does any of the above a couple of times, the operator can option to move you to a blood test, or if your doing the above on purpose, show you as refusing. If you refuse this breathlizer, you lose your license. Also, if you blow above a .20 you will get jail time for the dui.
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Old 07-16-2003, 03:27 PM   #11
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Sadly enough, I know someone who has had quite a few dwi arrests (in Maryland). His lawyer advised him to refuse the breath test, which I think gets your license suspended over here. I think he's done that 3 times, and got off every time at court because of it.


disclaimer: I'm not advising anyone to drive drunk nor am I advising this tactic. Ask a traffic lawyer for clarification, cuz I'm really just a n00b
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Old 07-16-2003, 06:06 PM   #12
SilverBoosted
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Refuse a breathalizer in Md and even if you get off in court MVA will make you have a breathalizer machine wired to your car for 3 months. Every time you try to start the car you have to blow. Every 20 min you have to pull over and blow. If you dont blow or are over the limit it will cut the car off...All in all not very convienient........

That being said Dont Be a A$$hole and drink and drive. If I see you drunk on the road I WILL follow you at a distance and guide the Police to you using my cell phone!!!!!!! I have lost family and friends to drunk drivers and have 0 pity for you if your caught..........
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Old 07-16-2003, 06:30 PM   #13
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okay, just to be straight in VA:

if the officer asks you to take a breathalizer test and you refuse, then u must be taken in for a blood test, which would suck if you had taken any other drugs...b/c it will show up then too. but anyways...yeah. if you don't take that, then you can go to jail and i believe have your license revoked.
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Old 07-21-2003, 09:06 AM   #14
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I was given a breathalizer when I was 17 years old. At the time I was working as a dishwasher for events that consumed massive amounts of alcohol. As usual, I spilled beer all over my clothes while trying to empty out beer bottles as fast as I could, so I could get to the dishes.

In any case, I had a cop yell at me in Taco Bell at 1am because I had my radio turned up too loud (playing "freaks of the industry" by digital underground ). He told me I reek of alcohol, and asked if I would take the test. Obviously, I hadn't had a drink, as I was just getting off work. I'll never forget the look on his face when he saw the 0.000 reading.
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Old 07-21-2003, 01:06 PM   #15
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I had a similar thing happen. A friend of mine spilled two 32ounce beers on me, a few hours later I was headed to the beach and got pulled over for speeding. The cop told me that I smelled of beer and he gave me a choice of doing the roadside circus show or blowing into a breathalyzer. He said the breathalyzer was a commercial unit and couldn't legally be used against me but that if I passed it he would let me go on my way.

The look on his face was priceless. IIRC he tapped the machine to see if it was working, I think I offered to do it again.
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Old 07-21-2003, 07:24 PM   #16
RootUsr
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IIRC, you can refuse to take the breathalizer test. in which case they cart you down to the hospital to do the blood test.
now, this is where it gets odd. I think you can STILL refuse to take it.
they throw you in a holding cell until you do. keep refusing. but, because in VA there is "implied consent" (meaning, by driving, you consent to a BAC test) you HAVE to take the test... but it's 'kinda' up to you as to when you take it you just get to cool your heels in jail until you do.

so, think. refuse. wait a few hours. wait a few more... submit. hey, a low reading

I mean, still, the circumstantial evidence still looks bad. and they could probably (interpolate? or extrapolate?) from the reading what your BAC had been x hours previously, but wait all night and it reads 0

(note) this doesn't endorse drinking, driving, and spending a night in jail to get off scott free... because it's dangerous, dumb, and this method is not proven to work
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Old 07-21-2003, 08:07 PM   #17
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Official Code of Virginia:


Quote:
18.2-268.2. Implied consent to post-arrest chemical test to determine drug or alcohol content of blood.

A. Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in 46.2-100, in this Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of 18.2-266 or 18.2-266.1 or of a similar ordinance within three hours of the alleged offense.

B. Any person so arrested for a violation of 18.2-266 (i) or (ii) or both, or 18.2-266.1 or of a similar ordinance shall submit to a breath test. If the breath test is unavailable or the person is physically unable to submit to the breath test, a blood test shall be given. The accused shall, prior to administration of the test, be advised by the person administering the test that he has the right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. If the equipment automatically produces a written printout of the breath test result, the printout, or a copy, shall be given to the accused.

C. A person, after having been arrested for a violation of 18.2-266 (iii) or (iv) or 18.2-266.1 or of a similar ordinance, may be required to submit to a blood test to determine the drug or both drug and alcohol content of his blood. When a person, after having been arrested for a violation of 18.2-266 (i) or (ii) or both, submits to a breath test in accordance with subsection B of this section or refuses to take or is incapable of taking such a breath test, he may be required to submit to tests to determine the drug or both drug and alcohol content of his blood if the law-enforcement officer has reasonable cause to believe the person was driving under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs.

(1992, c. 830; 1993, c. 746; 1994, cc. 359, 363; 1995, c. 23; 2002, c. 748.)
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Old 07-21-2003, 08:42 PM   #18
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rootusr, if you refuse, you get charged with refusal, and lose your drivers license, and that is used in court against you for the dui.
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Old 07-21-2003, 11:49 PM   #19
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Ahhh, forgot about the 3 hour part. oh well, I was pulling on knowledge from back in HS Drivers Ed
(Not that I plan on having to actually USE any of this knowledge...)
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