Is Refusing To Submit To A Sobriety Test Is Your Right By Law True Or False?


2 Answers

Anonymous Profile
Anonymous answered
Yes it's your right, but it's not without consequences. In as far as I know, and it could vary depending on the state, but a refusal is as good as a confession. By refusing, and you have the right to refuse, you are saying that you know the results will be against you. Your defense in court would then be an affirmative one, saying perhaps that you knew you would fail because you had just had a seizure or had some other thing wrong with you other than drunkenness. You have the right to be taken to a hospital where you can have them do a blood test which you can use in court to help prove that you were not drunk.  But if you were drunk, then it's best to just take the test, in my humble opinion. Sometimes people are diabetic and don't find out until they get arrested for drunk driving. The fruity smell of high blood sugar is mistaken for the smell of alcohol on the breath. As Forrest Gump says: It happens.
Merlin Paine Profile
Merlin Paine answered
Absolutely. You are protected by the right to not self incriminate yourself. But refusing to take a breathalyser is punishable by losing you licence for three or six months but I is not a moving violation. Charle Taffe the head football coach of the Citadel was arrested three times for DUI each time he refused the breathalyser and lost his licence for a short while each time but he was never convicted any of the three times. You have the right to remain silent the right to talk to a attorney.

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