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KT

In NJ refusal is an automatic guilty of DUI. No, it's not written that way, but that's how it works. Worse, refusal can be used as evidence of DUI!!!!!! And that is written. Refusal in NJ can be used as evidence of DUI.

In VA refusal will certainly get you a year suspension with no restricted privileges and all the insurance and DMV nightmares that go with it. But refusal cannot be used as evidence of guilt of DUI.

"Officer, I am not refusing to submit to a breathalyzer/blood test/field sobriety test. I wish to confer with my attorney first." By the next morning your BAC should be pretty low.

Isn't that a pretty clear violation of the fifth Amendment?

That's a lot like drowning a witch, is it not?

That would be the least of NJ's transgressions against the Const. I call it "New Germany."

Try that and let us know how it works. That's a refusal for sure.

No, it is not. It is exercising your Miranda Rights. I have this from more than one attorney.

Ha ha. Maybe they'll let you go and tell you to just come back the next day with your lawyer. Yeah, that's the ticket. Stalling on a time-sensitive matter is not gonna get you out of a refusal charge. But then it wouldn't matter in a state that calculates your BAC backwards from the time of the test to the time of the stop.

As do i.

I DO NOT go to New Jersey if at all possible. The sea shore? What's that?

No way man, no way i'm letting one of those "tactical" small town jersey cops in fatigues play gestapo with me.

Tobra, this atty. disagrees with you. It "is" a refusal, and brings with it the civil penalty of a suspension. Yes, you might avoid the automatic criminal conviction.\

As to the forth amendment, you're deemed to consent to blood analysis when you request a license to drive.

I know this seems strained, but its the analysis followed everywhere that I know of.

In fairness to NJ, I have been treated exceptionally well in my few police encounters there. The staties that nailed me for DUI wrote the prosecutor a letter telling him they'd not object if I got a sweetheart deal. And man, did I get one. Yes, their laws are absolutely awful. But I haven't run into any bag o'douche cops there.

So, counselor, what is your advice? Take the breath test, or refuse?

If you're sure you're not over the limit, then by all means take the test.;)

I know I am gonna get flamed for this but.............

I totally support random DUI checks and love it when I see one in action!! I dont drink and drive and anyone who does deserves everything they get. Dont get me wrong, I like to drink just liek anyone else. I am a very tolerant guy on most things but this is not one of them. The fact that a NFL player can buy his way out of a long term sentence for DUI and killing someone is crazy!!

Get them all off the road.

I would be interested to know how many of you guys, who hate the checks, have had loved ones taken away by a drunk driver?????? I dont want to hear about the legal aspect, how would you feel if your wife or child was killed by a drunk????

Flame away!

So you don't mind the government trampling the Bill of Rights as long as they are pursuing a social agenda that YOU approve of?

Read the Constitution and the Bill of Rights. Read the Federalist Papers. When you truly understand the gravity of the issues at stake, your position will likely change.

Waste of resources David, for the return you get, aside from the Constitutionality

By the way, I firmly believe that those who attempt to amend the Constitution by ignoring it do so as a result of either ignorance or malevolence. No middle ground here.

Dude its no social agenda - I like to drink! Re-read my post, I asked if YOU have had a loved one killed by a drunk?? I have. Would you think differently? That’s my ONLY reason for supporting it. It’s purely an emotional thing, nothing political about it.

To the original question: I believe PA does blood after a breath test when there was some reason why the breath test was not good. This could be for reasons pertaining to the test subject and the instrument used.

Ignition interlock companies do a lot of testing to make sure you can not defeat the device. One of the latest I saw was a camera with face recognition software.

Why not? That's how the SCOTUS rules regularly.