Q: Is it possible to refuse a breathalyzer test?
Yes you can do a blood test if you wish, but they will probably make an arrest and take you to station to do the tests at the station. You can refuse all tests but then you will be charged with a Refussal, then they can still do a forced Blood Draw with a warrant.
Did this happen to you. if so an attorney can help you with these legal issues/ rights.
A: Most people do not know there are two breath tests offered by the cops. In California, you may currently refuse the PAS breath test only. This test is the one where the officer asks you on the side of the road to blow into a mobile device. You do not have to. However, you ARE required to provide a breath test on the stationary machine kept at the police station if the officer believes you are impaired by alcohol (blood is required if they suspect drugs.) You may also elect to provide blood instead of or in addition to the breath test on the stationary machine (which I do not recommend unless you have a good reason to pay to retest that sample of your blood later.)
BY LAW YOU HAVE A RIGHT TO REFUSE TO TAKE A BREATH TEST AT THE SCENE AS WELL AS ALL FIELD SOBRIETY TESTS.
AT THE STATION YOU WOULD HAVE TO TAKE A BLOOD OR BREATH TEST.
IF IT HAD BEEN A LONG TIME SINCE YOUR LAST DRINK AND BLOOD TEST MIGHT BE ADVISABLE AS YOUR BLOOD ALCOHOL GOES DOWN WITH TIME AND IT OFTEN TAKES A WHILE TO FIND SOMEONE LICENSE TO DRAW THE BLOOD.
OF COURSE YOU CAN REFUSE A BREATH TEST AND A BLOOD TEST BUT THEIR ARE CONSEQUENCES...................
A REFUSAL RESULTS IN A SUSPENSION OF YOUR LICENSE FOR 1 YEAR....AND A MORE SEVERE SENTENCE.
THE BEST THING IS TO REFUSE FIELD SOBRIETY TESTS AND BREATH TEST AT THE SCENE AS THEY ARE OPTIONAL AND ASK FOR A BLOOD TEST AT THE STATION.
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