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To: trumandogz
Everyone knows that you should never take the breath test, but for some reason, I think this guy may have loved blowing on that machine.

*Everyone* knows? Refusing the breath test is actually fairly bad legal advice in many states, my own included. The penalty for refusing far exceed the consequences of a DUI conviction.

24 posted on 03/05/2010 11:05:37 AM PST by HairOfTheDog
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To: HairOfTheDog

I did not realize that there were states where the Fifth Amendment was not recognized.


29 posted on 03/05/2010 11:08:18 AM PST by trumandogz (The Democrats are driving us to Socialism at 100 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: HairOfTheDog
The penalty for refusing far exceed the consequences

How so?
31 posted on 03/05/2010 11:08:46 AM PST by presently no screen name
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To: HairOfTheDog

Not hardly.
They can suspend your license for a period of time, but that’s about it.

EVERY lawyer I know (and I know quite a few) say to REFUSE any test.


32 posted on 03/05/2010 11:10:32 AM PST by SJSAMPLE
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To: HairOfTheDog

Blow tests are inaccurate, and the quality and reliability of the software that runs them has been seriously called into question.

Better a blood test if you know you’re not drunk.


39 posted on 03/05/2010 11:16:48 AM PST by antiRepublicrat
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To: HairOfTheDog
Refusing the breath test is actually fairly bad legal advice in many states, my own included. The penalty for refusing far exceed the consequences of a DUI conviction.

I've heard that the proper way is not to refuse the breathalyzer, but to agree to take it as soon as you avail yourself of your constitutional right to consel. If you're smart, he'll live 500 miles away and have to walk all the jail. By the time he gets there you should be within limits.

Does that sound do-able?

86 posted on 03/05/2010 12:37:41 PM PST by Retired COB (Still mad about Campaign Finance Reform)
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