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Old 12-28-2012, 21:02   #191
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Join Date: Apr 2012
Location: WA
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Originally Posted by ray9898 View Post
Sometimes the state brings one out if the operation is big enough, that allows us to process on scene and having the wagon pick them up to go to the jail. If that is not the case and we are taking them our self it is easier to just use the one at the jail.
Thanks. Now I'm trying to get a handle on the "no refusal" component here. Most traffic attorneys advise clients to...
  • Refuse to take a breath test on the side of the road, and instead tell the officer you want to take a breath test at the station (In my understanding this advice is based on the idea that the small roadside device is inaccurate)
  • Refuse to take a "field sobriety test", as they are not legally obligated to do so, and it is completely subjective nonsense anyway.
  • Do take the breath test at the station.
Based on this common legal advice, where does "no refusal" fit in?

Edit to add: In the OP's linked article, it states that " enforcement will be able quickly get a search warrant to take a blood sample from a suspected drunk driver who refuses to take a breathalyzer test" -- and my question is -- Will refusing just the small portable breath tester result in a search warrant that will enable LE to forcibly draw your blood? Or do you have to refuse the calibrated breath tester found in the station or DUI patrol truck?

More importantly -- If refusal to take the breath test at the station results in automatic DUI conviction anyway (as I think is the case in most states) what is to be gained by getting a warrant and forcibly drawing someones blood? The forcible blood draw seems pretty intrusive to me, and would seem to run afoul of medical informed consent law.
Good men must not obey the laws too well.
~Ralph Waldo Emerson

Any fool can make a rule, and any fool will mind it.
~Henry David Thoreau

Remember always: The government is not the country!

Last edited by OlliesRevenge; 12-28-2012 at 21:17..
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