Sentences with phrase «by taking the breath test»

BUT, by taking the breath test and failing it, that is a.08 % breath alcohol or greater, then your license is suspended anyway, PLUS the State now has really good evidence that they WILL use against you to prove that you were driving drunk driving.

Not exact matches

If the defendant refused to take the breath test after being advised pursuant to the statutory language by the police of the one - year sanction faced for a refusal (and the jail risked for a refusal where the defendant has prior refusal or DWI convictions), the first - offense sanction for so refusing is a civil offense carrying one year of no driving and no restricted driving privileges.

Mark politely admitted to having consumed two beers that evening, and was arrested by the officer after taking a breath test.

Here as a post-script it is noted that the ILL - AFFECTS of HEARTBURN can and WILL falsely elevate ASD tests to make the readings unreliable if a subject has alcohol from a recent drink undigested in his stomach and that subject regurgitates the contents within 15 minutes prior to taking a breath test on any ASD currently used by the police in BC.

1552 (2013), Virginia's implied consent warning by police to DWI suspects of the license suspension that follows unreasonable refusal to take a breath test, amounts to a non-consensual obtaining of blood under the totality of the circumstances and when considering consent search law, including Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct.

Forensic expert Nizar Shajani provided an expert report indicating that alcohol can last in the stomach for several hours and that vomiting up alcohol from the stomach to the mouth area can adversely affect breath test readings on an ASD by falsely elevating the test results if proper precautions are not taken by the police to ensure accurate breath testing.

If the driver is taken back to the detachment, it may be cleared up by a Proper Breath Test (PTB), which is taken on an instrument approved for the purpose of collecting evidence.

If you are ever stopped for DUI, you may not trust the breath test and want to refuse to take the test or you may even want to ask for a separate blood test or breath test by a lab of your choosing.

In Fedorov, a driver suspected of DUI was taken by the trooper to a «BAC room» where the driver upon agreeing to take a breath test was required to wait for the fifteen minute mandatory observation period prior to a breath test.

In relevant part, the Alcohol Breathalyzer Refusal Form advises the accused that he is required by law to take a breath test and that a refusal to do so constitutes a violation of N.J.S.A. 39:4 - 50.2 and will result in a fine of not less than $ 250.00 and a license suspension of six months.

Arizona's «implied consent» law says that if you are lawfully arrested by an officer who has reasonable grounds to believe that you have been driving under the influence of alcohol or drugs, then you consent to taking a chemical test of your blood, breath, or urine for the purpose of determining your blood alcohol content (BAC).

Blood alcohol concentration (BAC) is usually determined by testing either a blood or a breath sample taken from the driver.

That depends... by not taking the breath test your license to drive can be suspended for ONE year, but if you have a prior refusal, then your license can be suspended for ONE AND A HALF YEARS and this in and of itself is a crime (misdemeanor).

There was a farewell concert in Speers Point Park that none of my friends were allowed to attend because it was the HSC... so my mum took me and got a thrill out of being breath tested on the way in and being gawped at by Tim Finn as she stood jammed against the stage with her powder blue cardy and grey, immaculately coiffed blow - dry.