Monday, September 29, 2008

Suggestions on how to refuse a breathalyzer politely.

Because I care, and, well, let's be honest, THEY know the law, THEY just assume you don't.

1) Ask if they have a warrant to perform this search (if they do, you pretty much have to. they won't have one).
2) Let them know that you would like to cooperate with them, but are concerned that you may need to speak with your attorney before proceeding in the absence of a warrant.
3) Ask what the legal penalty is for refusing (they may lie here, and this would be only goodness, especially if this is filmed).
4) Nothing else. Be sure to be respectful and polite the entire time. If they get bellicose with you, do not respond.

2 comments:

achilles3 said...

My best advice:
If any police officer asks you if you've had anything to drink say NO!
And never waver...this let's that person make a decision as a human and not as a professional.

andrew said...

Breathalyzer counts as a search?

I suppose if you have been weaving through traffic, and get pulled over, and the cop smells alcohol, he can go with "probable crime in progress" and give you the test anyways. But people shouldn't be drinking and driving in the first place though.

Good advice generally though.