I'm not too keen on DWI stuff, but if I remember right we offer them the breath test and if they refuse additional testing is at their expense.
I'd like to think the person whose blood is being drawn.
Of course, it's likely that we are.
Why should someone pay for something they probably don't want to buy?
Why should someone pay for something they probably don't want to buy?
Why should we?
If they refuse the breathalyzer but submit to the blood test, do they still lose their license even if they are clear? Is refusing the breathalyzer automatic license revocation regardless of outcome?
One of the questions the officer will ask you is if you have any medical conditions that effect your balance or your motor function. You should reply that you do and give a brief non-technical explanation. But be advised if you are driving while under the influence of medications that impair your ability to operate a motor vehicle, even if those medications are prescribed, then you are violating the law. For example; if you are prescribed Loratab for a recently broken arm, and you take you prescribed dose and then drive to a friends house, enroute you have a difficult time maintaining your lane and are observed and stopped by the Police. Should you appear intoxicated telling the officer you are taking a prescribed dose of a med Does Not relieve you of the responsibility to operate a vehicle in a safe un-impaired fashion. You could and likely would still be arrested in that situation.
All that being said I would be extremely careful if I was taking meds that effect my balance. I could see how that could effect your driving.
I have a question for ya. I am disabled and have to use a wheelchair most of the time as I can only stand for a very short period of time before the pain becomes unbearable. I always carry my Disabled Parking Pass card and my wheelchair (although it can be in the trunk and out of sight). Also, several of my meds affect my balance. As you can see, I can easily fail a roadside test based on the standard tests and be sober as a judge. How would I best handle it if I am stopped?
THIS...... ANY impairment is against the law. There is no excuse from your momma, doctor, etc. if you are impaired because you took some NyQuil....jail you go.
..... if your driving was impaired, and you blow .000, then I can have you submit to a blood test. Generally, it will not forcefully be withdrawn unless there is a fatality or serious injury....
But you can force the blood test any time you have probable cause for a warrant, can't you? It's just not normally done? And they will force the blood test this weekend, right? Isn't that the point of the "no refusal weekend"?