The moment police officers pull over a suspected intoxicated person, the police officer's intent is almost always to determine that there's probable cause to detain the driver.
Except in cases where a motorist is plainly intoxicated, displayed by weaving between lanes or careless behavior, the best way a law enforcement official can confirm worthy cause for an arrest is through administering a Field Sobriety Test (FST).
Just one part of this evaluation will be the portable (or preliminary) breath test, also referred to as the PBT.
It is your legal right to refuse the PBT, which can be the first of 2 potential breath checks.
There are no penalties for refusing to take this test, and when you're certain you have not been drinking alcohol, completing this test could remove all probable cause and you will very likely go about your business.
Furthermore, in some parts of the U.
, the roadside test can be used only to confirm probable grounds to make an arrest, but can't be used as confirmation in court - since this can vary from region to region, however, it may be a good idea to check out local laws.
Even if the roadside test does not substantiate that one has imbibed alcohol, determined by how you manage with the other parts of the FST, you may still be detained under suspicion of DUI.
Any time this happens, you're delivered to the police station, and will be expected to submit to the next breath test, often known as the Breathalyzer.
The data from a Breathalyzer can be utilized for evidence in a trial.
Other screening, which include blood or urine, can be a factor.
You can decline, but this refusal can contain heavy penalties.
States have laws about 'implied consent', meaning that simply by acquiring a license, you agreed to submit to a chemical BAC test if detained.
Thus, in the event you deny them now, your license may be instantly revoked.
For a first-time offender, the license suspension ranges from a couple of months to a full year or even more.
Just think carefully before refusing any chemical BAC testing; losing your license is inevitable, while not passing the test doesn't systematically suggest a indictment.