Sentences with phrase «to take a breath test»

If the driver takes a breath test, and fails, the driver's license will be suspended for 6 months.

The government's new law does away with that requirement, meaning that any motorist can be asked to take a breath test without such police suspicion.

On the flip side DUI lawyers advsie that not taking a breath test means an attorney may be able to argue away the subjective evidence.

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.

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.

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.

Refusal to take a breath test leads to a brief license suspension.

A person should never take the breath test.

The rationale for this requirement is somewhat logical as police should not be permitted to ask individuals to take a breath test indiscriminately.

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).

In the case of Dept. of Highway Safety and Motor Vehicles v. Green, 702 So.2 d 584 (2nd DCA 1997), Mr. Green declined to take a breath test after being stopped for DUI.

After reportedly smelling alcohol on Daley, deputies asked him to take a breath test, but he refused.

Chautauqua County sheriff deputies charged him with driving while intoxicated and refusing to take a breath test.

A Forestville woman was arrested on a daytime DWI charge in the Town of Hanover after running a stop sign and refusing to take a breath test, according to the Chautauqua County Sheriff's Office.

However, the person refuses to take the breath test or takes the breath test and fails, the license can be suspended.

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

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.

Failure to take the breath test will result in an automatic six - month suspension of your driving privileges.

Even though Texas is an «implied consent» state, drivers can (and should) refuse to take a breath test.

Refusing to take the breath test will result in the arresting officer taking your license and immediately revoking your right to drive.

You took a breath test at the request of the police, and it came back over.08.

The Administrative License Revocation (ALR) occurs after a DWI arrest when the individual arrested either refuses to submit to a chemical test, or takes the breath test but blows over the legal limit of 0.08 BAC.

The officer provided the «implied consent» warning indicating a refusal to take the breath test would result in a suspension of his driving privileges.

For those arrested or issued summonses for driving under the influence of alcohol or refusal to take a breath test, our Toms River office stands ready to assist you.

If you find yourself in receipt of a summons for driving while intoxicated or refusal to take the breath test, our lawyers can help you.

A «refusal» charge is laid when a peace officer demands that you take a breath test (either at the roadside or at the police station) and you refuse to do so.

Although you might lose your license it is always best NEVER TO TAKE THE BREATH TEST!

Client made a smart remark when asked to take the breath test and the officer in his discretion stated that the smart comment was a refusal.

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.

If you refused to take a breath test to measure your BAC, you may be subject to additional penalties in Illinois beyond the penalties for the underlying DUI.

If you or a loved one was charged with drunk driving, DUI, or a refusal to take the breath test, our attorneys can help.

The DWI Defense Attorneys at the Law Office of The Law Offices of Jonathan F. Marshall located at 75 Patterson Street, New Brunswick, NJ, defend individuals charged with drunk driving, refusal to take the breath test, and DUI, in Sayreville Municipal Court, 1000 Main Street, Sayreville, New Jersey 08872.

For anyone interested in understanding what the State of New Jersey currently constitutes probable cause for police to request a driver to take a breath test, just refer to State v. Wright 107 N.J. 488 (1987).

This is not a refusal to take a breath test that can result in loss of your driving privileges for at least one year.

You may refuse to take the breath test but that will be an automatic one - year suspension of your driver's license.

So, if you think that you might blow over the.08 percent of alcohol limit, and you have no prior DUI's, perhaps it might be better not to take the breath test.

Vanek said the group was hopeful that the court's decision would encourage other states to implement similar laws punishing refusal to take a breath test.