Breathalizer refusal
Question Details: A friend of mine got pulled over for speeding was ask to give breath sample at police station. He gave 2 different samples but Breathalyzer machine would not give result do to interference, was ask to take another sample on military base but refused, is this grounds for conviction of refusal since he already had given 2 different samples already at first location? What are the laws on how many locations they can drag you to if there machines are malfunctioning?
DUI / DWI Law Answers
I am a lawyer in CT and practice in this area of the law. The police can do whatever test they want to determine whether you are over the legal limit (i.e. blood or breath). The police can take you anywhere to locate a machine that is working. time however, is on the person's side. the longer it takes to locate a machine the lower the blood alcohol will be, thus reducing the chance of blowing over the limit.
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