EDIT:
The law is complicated on this topic and it varies by region. I didn’t think this needed saying when I made the post, but this isnt an end all be all on the topic, it’s just something I found interesting & posted it to c/Today I Learned.
Don’t take legal advice from a Lemmy post. Talk to a lawyer.
The Purpose of Portable Breath Tests
Portable breath tests are commonly used by law enforcement officers to quickly estimate a person’s blood alcohol content (BAC) at the scene of a suspected DUI offense. These handheld devices are designed to provide immediate results, helping officers in their decision-making process during a traffic stop or investigation.
It is essential to understand that a portable breath test is different from the more accurate breathalyzer devices used at police stations or during formal chemical testing. While portable breath tests can provide an initial indication of a person’s intoxication level, they should not be considered as wholly accurate or infallible.
https://rhilllaw.com/blog/2021/03/can-a-portable-breath-test-be-used-in-court/
Prolly should heavily fact check this for your area if you plan to either deny the test … or take the test while believing you can utter some magic words to make the results inadmissible.
Sovcits: That sign can’t stop me because I can’t read!
I’d like to imagine this is an 80s flick with a bridge out sign resulting in some impossible hang time.
In my US state refusing to take a sobriety test in any form is punishable on its own. It doesn’t matter whether or not the test would be admissible in court.
Theres a number of recommendations for that situation depending on state. And of course if youve actually had anything to drink. But yup. Definitely a perfect example.
Refusing a test is always worst-case scenario. It’s immediately considered as if you failed the test. The distinction made here is that the handheld meters aren’t as accurate, and can’t be admitted into evidence in court, so you should never refuse one.
Nope. They’ll say you tested positive for alcohol. The specific number won’t be used, only the detected presence.
If memory serves (depends, check for your area) if you are going to be tested - demand blood because it takes longer and is more accurate so it provides an opportunity to process a bit more alcohol and isnt a refusal.