WHAT HAPPENS IF A POLICE OFFICER ASKS ME TO TAKE A ROADSIDE BREATH TEST?
MUST I TAKE ONE? A “roadside breath test,” indicates the presence and/or concentration of alcohol based on a breath sample. You will be asked to blow into a breath meter. The purpose in giving this test is to determine if there is reasonable cause to arrest you for driving under the influence. While you generally may refuse to take the test, your refusal may not stop the officer from arresting you if there is other evidence of alcohol usage (e.g., slurred speech, bloodshot eyes, clumsiness) that would affect your ability to drive. Your refusal might also have other negative consequences, as discussed below. THE OFFICER TOOK MY LICENSE AND SERVED ME WITH A NOTICE OF SUSPENSION AFTER THE BREATH TEST. HOW CAN HE DO THAT IF I’M PRESUMED INNOCENT? The law in most states provides for immediate suspension and confiscation of the license if the breath test result is above the legal limit (or, in the case of a blood or urine test, if the officer reasonably believes the result will be above the
Related Questions
- What happens if I refuse to take the test the officer requires me to take after reading the Informing the Accused form?
- Is it acceptable for a police officer to use force on a person to make them take a breath test or blood test?
- What happens if I fail the roadside breath test but pass at the Police station?
