Refusing a breathalyzer
I was recently pulled over and submitted to a field sobriety test but would not take the breathalyzer. I was taken in custody and, after arriving at the courthouse, was asked again to blow into the tube and, again, I refused. I was wondering if this was a mistake or if this could possibly benefit my case.
1 Answer from Attorneys
Re: Refusing a breathalyzer
Depends upon how close you were in fact at the time of the test to registering a BAC of 0.08 or higher. You'll have to figure out the rest for reasons that should be at least somewhat obvious.
Note: There is no requirement under Virginia law that one stopped by a law enforcement officer under suspicion of DUI must undergo field sobriety tests(aka "jumping jacks"). It may be that you actually refused the wrong test for your particular situation.
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