EDIT:
The law is complicated on this topic and it varies by region. I didn’t think this needed saying when I made the post, but this isnt an end all be all on the topic, it’s just something I found interesting & posted it to c/Today I Learned.
Don’t take legal advice from a Lemmy post. Talk to a lawyer.
The Purpose of Portable Breath Tests
Portable breath tests are commonly used by law enforcement officers to quickly estimate a person’s blood alcohol content (BAC) at the scene of a suspected DUI offense. These handheld devices are designed to provide immediate results, helping officers in their decision-making process during a traffic stop or investigation.
It is essential to understand that a portable breath test is different from the more accurate breathalyzer devices used at police stations or during formal chemical testing. While portable breath tests can provide an initial indication of a person’s intoxication level, they should not be considered as wholly accurate or infallible.
https://rhilllaw.com/blog/2021/03/can-a-portable-breath-test-be-used-in-court/
Normally there are several different crimes you can be charged with for DUI/DWI which range from basically the cop just testifying that you are impaired, to actual scientific demonstration of impairment. Things like the field sobriety tests and portable breathalyzers just provide subjective evidence the cop can lean on to charge you under some impairment statute which doesn’t require a blood draw or other lab calibrated test.
Where? State law or federal law? US? Kenya? Tibet?
Well, according to this terrible website. The firm is practising in East Texas
Always refuse the field test and force them to use the one at the station - then your lawyer should ask for calibration records if you blow above - if these aren’t up to date (which isn’t uncommon) - the results could get thrown out. Don’t admit to shit. Never volunteer info to the police - keep your mouth shut.
In Colorado, refusing the field test automatically makes you guilty of a DUI.
From the shit I’ve seen in the US, none of these tests even matter. If the cop has made his decision that your drunk, he’ll keep administering you dumb subjective tests and fail you for the slightest mistake.
… according to a lawyer in Texas.
And when you click on the link to see the source, the link is broken
They don’t usually administer these through the window of your car.
In my jurisdiction that is exactly how they do it. No field sobriety test is used. Just roll down the window and blow. Refusal is the same penalty as a DUI and will earn a trip to the police station for the real test.
Interesting. Around here it comes as a nice little surprise after you parade around like a circus clown.
I think it depends on the state. In I think all states it should be noted refusing a breathalyzer, whether driving or not, leads to a yearlong suspension of your driver’s license.
Police also have things like flashlights they can wave in your face that also tell them if you have alcohol on your breath.
Misinformation.
This is highly dependent on your state. This post should be deleted.
In Australia, though it might vary from state to state, you can request a blood test. If there’s no booze bus right there in which they’ll take it, you might be able to make the cop go to the pathologist with you within a few hours during which you might dip under the limit if it was borderline. Never heard of anyone actually pulling this stunt, I’m sure it would royally piss off the cop.
In Germany as well. But the blood test actually requires a judge to sign off (unless you do it voluntary).
Just say no to drug tests! Especially if you have time and the cops don’t. They will usually let you go about your day as they would rather keep doing the breathaliser test with people who don’t know that they can just refuse.
In my country they are, as long as they passed a certification.
In my non-us country portable ones are not admissible. They take you to the station to blow into the big machine. You can refuse of course but that doesn’t lead to anything good.
same here, and you have a blood check after to confirm the value if you’re positive on the
breathnalyzererjdeviceOver here breathalysers are admissible, but you can reject to use them. Police then has to decide wether to call a doctor to draw blood.
In my non-us country they are not, and nor are the portable drug wipes.
Sssh. Only America matters on the internet. /s
Prolly should heavily fact check this for your area if you plan to either deny the test … or take the test while believing you can utter some magic words to make the results inadmissible.
In my US state refusing to take a sobriety test in any form is punishable on its own. It doesn’t matter whether or not the test would be admissible in court.
Theres a number of recommendations for that situation depending on state. And of course if youve actually had anything to drink. But yup. Definitely a perfect example.
Sovcits: That sign can’t stop me because I can’t read!
I’d like to imagine this is an 80s flick with a bridge out sign resulting in some impossible hang time.
Refusing a test is always worst-case scenario. It’s immediately considered as if you failed the test. The distinction made here is that the handheld meters aren’t as accurate, and can’t be admitted into evidence in court, so you should never refuse one.
Nope. They’ll say you tested positive for alcohol. The specific number won’t be used, only the detected presence.
In non-nyc new york state (idk fuckall about nyc laws) they dont even read out the bac it just signals yes there is alcohol present or no there is no alcohol. Then you go to the precent and they test you there with a machine that give the bac%.
So? Isn’t it standard practice that if you’re determined to be DUI you’re arrested, taken to the station, and have to retake the test on the accurate machine which is admissible in court? I guess this might vary by region though.
A related TIL is that none of these machines are built to detect blood alcohol levels. They detect any dissolved organic compound with a methyl group, most of which get absorbed into the blood orders of magnitude more easily than alcohol. Working with VOCs in an enclosed space without PPE can make you blow drunk on these. A good reason to demand a blood test when you know the machine is wrong.
