Developing a viable cannabis breathalyzer

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.

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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.

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Re:Developing a viable cannabis breathalyzer by matwood on Sunday August 05, 2018 @07:21PM (#17694106)

Most (all?) states have the law written that if you refuse a breathalyzer it is an automatic license suspension. Depending on other evidence the state may press DUI charges.

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