Should someone refuse sobriety, blood, and breathalyzer tests?
Should someone refuse sobriety, blood, and breathalyzer tests? It can be rather tricky to determine what you should do if you end up getting pulled over for a DWI. All sorts of decisions come with just as many consequences.
One common situation is you being asked to submit to various types of tests, such as a breath test, blood test, and field sobriety test. It’s important to keep in mind that these tests are typically set up to cause people to fail due to being improperly administered. The best step to take is to not take any of the tests until you have the chance to speak to an attorney. You will then likely be asked if you are refusing to take them; however, you are not refusing since you are legally requesting to speak to an attorney prior to making any kind of a choice.
Imagine going out to a dinner and having a few drinks, only to end up getting pulled over by the police. At this point, you’re likely wondering whether or not you should follow the “do not blow” rule or if your blood alcohol content is above the legal limit. Your mind then starts racing with all sorts of questions that enter your head. While you may have constantly seen a “do not blow” phrase on a billboard, it’s always a good idea to consult with an attorney before you do any kind of test. Obtaining the right advice is crucial before you make your choice.
In the event that you refuse to take a breath test, you will then be asked to submit to a blood test. Again, you will want to let the officer know that you wish to speak to an attorney before going through with anything. This means, again, that you are not legally refusing to take the test. Not only are blood tests not 100% accurate, but they could also detect if you are taking prescription drugs, even if you’re doing so legally. This can also land you in a bit of trouble as well. Prior to a blood test request, you can also request that police obtain a warrant to do so, which is something you have every legal right to request.
All in all, one important factor should be kept in mind – it is completely illegal for any police officer to force you to submit to any kind of blood, breath, or sobriety test without you first giving prior permission.