General Question

Bretbocook's avatar

Can you refuse to take a driving while under the influence tests given by an officer after he pulls you over? Is this a good idea to do so if you might fail?

Asked by Bretbocook (105points) January 6th, 2011

If you are pulled over for a dwi and you have been drinking and you are not sure if you are over the limit. What is the limit in Californiaz?

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11 Answers

Afos22's avatar

Don’t drink and drive man. It’s not a game. Don’t test your luck.

crisw's avatar

Don’t drink and drive and you don’t ever have to worry if you are over the limit.

I live in CA. I don’t want people who have to worry about whether or not they have had too much to drink on the road with me…

faye's avatar

It’s about one drink in one hour as a rough call. If you refuse testing in Alberta, you have just signed your guilty card.

Coloma's avatar

Another Californian here, yes, listen to the wise ones, don’t drink and drive, and IF you do and get pulled over I hope you refuse the test and they will take you to jail anyway if there is any question.

If you’re old enough to drink, you are old enough to be responsible.

Brian1946's avatar

You can refuse to take a field sobriety test, but then that results in at least the automatic forfeiture of your license for 6 months, even if you later test as being under the limit.

The legal limit in CA is 0.08% alcohol per blood volume.

meiosis's avatar

In the UK, failing to co-operate with a preliminary test results in a driving ban of 12–36 months, a fine of up to £1,000, 4 penalty points on your driving licence and a whole world of hassle when attempting to get your licence back (you have to prove through periodic blood-tests, at your own expense, that you do not have an alcohol problem). The courts tend to take a very dim view of it, and punish you more harshly than if you had co-operated and been over the limit.

jca's avatar

in NYS it’s like what @Brian1946 said. you have the right to refuse but will be giving up your license for a 6 month period for refusing.

Seelix's avatar

In Ontario you do have the right to refuse to take a test, but like @faye said, refusing pretty much equals an admission of guilt.

john65pennington's avatar

In Tennessee, refusal to take the sobriety test is an admission of guilt.

IchtheosaurusRex's avatar

Every U.S. state, as far as I know, has something called an “implied consent” doctrine, which says that if you apply for a license to drive, then you automatically consent to a sobriety test when you’re pulled down. You can still refuse, but if you do, the penalty is generally an automatic suspension of your license. As such, no, it isn’t a good idea to refuse a sobriety test. It’s an even worse idea to drink and drive to begin with. A DUI is not the worst thing that can happen to you under such circumstances.

El_Cadejo's avatar

I dont understand why your even given the choice of saying no if no automatically means your guilty in their eyes. I mean why even allow you to say no, just make it a mandatory thing.

@john65pennington you were a cop, got any insight on the reasoning behind this?

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