Can you refuse the breathalyzer test if you have asthma?
Plz. does anyone know if you have asthma are you still required to take the breathalyzer or even required to have it in your car with out getting introuble. In other words, can you get out of haveing that put in your car, because of asthma.
Plz honest answer..
Answers:
you can not refuse
If you can demonstrate a medical hazard for taking the test, you can challenge the requirement (and the penalty for refusal) in court.
Whether that claim will work depends on the laws of your state. Check your local listings, or consult a local attorney.
well you can refuse it at any time, but then you have to go into the station for the blood and urine tests
Without experience, if you refuse a breathalizer test then you would be required to give a blood test at the station.
Sure you can. If you present a valid medical explanation for why you would be unable to comply with bac screening, then many places would exempt you. Of course, you would then have to think of a reason to why you could not comply with a doc pulling blood, because that's what would come next.
I know here in GA when I got my license when I signed on that dotted line, in the fine print I gave GA implied consent to things such as this.
Am I Required to Take a Breathalyzer Test if Asked to?
Every state has “implied consent” laws; if you drive, you are “consenting” to DUI/DWI testing upon being suspected of DUI/DWI. The penalties for not cooperating vary from state to state. For example, some states automatically suspend your license if you refuse to take a breathalyzer, while other states simply cite it as uncooperative behavior. And under some state laws, the motorist's driver's license will then be automatically suspended for a set period of time no matter if you are drunk or not.
http://www.totaldui.com/dui_articles_bre...
http://www.bookrags.com/research/breatha...
http://www.andrewcrouch.com/legal/tests.
http://www.nlada.org/dms/documents/11304...
http://www.sptimes.com/news/42499/opinio...
The Pennsylvania Department of Transportation (PENNDOT) issues mandatory 1 year suspension notices to drivers who have been cited for DUI breathalyzer refusal.
You will have to look into what your State says since it seems each state has different laws and what happens as a result for refusing.
Good luck
In most states you can refuse and take either pee or blood tests. But why are they requiring it in your car. They usually only do that if you have had more than one dui. then u are probably better off not driving than worring about how to get around it.
In texas you don't have to take one but they take your license and car to the pound or w/e and they can still make you walk the line I belive though.
You can refuse the Intoxilyzer and your license will be revoked according to what your state's law requires. I had a guy with one lung and TB blow into the instrument and have known plenty of people with asthma that can do this. Its a lame excuse.
Sorry if I sound cruel but I have heard this one a bunch.
You can choose to not take that test, or any field sobriety test, for any reason.
Only if you are suspected of driving drunk, and you refuse, they can take you to the station and take your blood and/ or urine.
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