Chad Culbertson wrote:
Alec Moody wrote:
I got one as a stocking stuffer a few years ago and it wasn't repeatable. My understanding is that the margin of error on them (including the ones the cops use) is pretty high. Any lawyers in the club? Can you request a blood test in NC instead of a blowing?
From what I understand you can, however denying a breathalyzer is an automatic 6 month license suspension. So, you can stand your ground and force them to get a warrant for a blood draw, which by the time it happens might could bring you below the legal limit if you think your borderline. It's still going to hurt though losing your license for 6 months.
You do not have to take a test using a handheld device. The handheld tester and the field sobriety tests (touch your nose, walk straight line, backwards alphabet, etc) can only be used to find probable cause against you so you can be arrested. I would politely refuse to participate in either of those tests, even if I was sober, because they can be used to find probable cause against a sober person.
You do not have to take any test until after you are arrested. They have to arrest you and charge you with a DUI, then give you a notice in writing that you must take the test. The tester that you must use after being arrested is large and will generally be in a room at the police station downtown. They can also draw blood for the test after obtaining a warrant from a magistrate.
You have the right to speak with an attorney before the test and have a witness present during the test. I would call an attorney and a witness after I got to the testing location and received the written notice of my rights and legal obligations, because that will buy some time, although they will generally only wait 30-45 minutes for the attorney and/or witness to arrive before administering the test. Sometimes they'll wait longer, but they must wait for at least 30 minutes. By the time they arrest you, transport you, and wait for your attorney/witness, hours can pass before you get tested.
As far as the question of should you take the test at all; that's a question for a lawyer, and I'm just a guy who was a police officer a long time ago. I did talk to a lawyer that I know, and he advised against taking the test if I had been drinking. It can only prove that you're guilty and cost you leverage when it's time to negotiate the plea and penalty.
Of course the easiest thing to do is call a cab if you've been drinking, but sometimes our judgement is not at its zenith after a few beers. As someone who used to apprehend bad guys for a living, and who has been arrested and interrogated several times, I can say with certainty that most of the time tests and evidence are not necessary; I can usually get them to admit to whatever I want to get them for. So call a cab and never talk to the police for any reason.
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