Re:Developing a viable cannabis breathalyzer
by darpa_escapee on Sunday August 05, 2018 @07:02PM
(#17694048)
> You can opt for the breathalyzer in most states, or they'll take you back to the office for a blood test.
Please correct me if I'm wrong, but I was under the impression that if you opt out of a breathalyzer, they'll still charge you with a DUI and the courts will consider the breathalyzer refusal as an equivalent to being intoxicated.
Re:Developing a viable cannabis breathalyzer
by maxvu on Sunday August 05, 2018 @07:25PM
(#17694124)
Almost. Yes, you may still be charged. Yes, they may use the evidence of your refusal. As far as equivalence, no: the test itself is just one piece of evidence. Because refusal should ordinarily make it more difficult to prosecute DUI (for what is, comparable to the stop, a very small inconvenience), I think most states have an automatic license revocation penalty attached to it - usually around six months. Field sobriety tests (e.g. walk in a straight line), I think, are much less conclusive and do not have such requirement.
IANAL. Search for James Duane.
If they take you to the office though they'll probably tow your car as a little extra bit of "fuck you" for exerting your rights