I was attending an office open house and my boss became intoxicated. Being as I only had 2 beers and felt fine, he asked if I could drive him "up the hill" to his hotel. The hotel was literally 30 yards from the office, going uphill on a curved road. I got pulled over by the police (who were literally sitting hidden at behind the other side of building), for my tires coming "too close to the white center line". They said the car smelled like alcohol, and my boss explained that I was just driving him up the hill to his hotel. However, the police threw the handcuffs on me, and did a breathalyzer. They said that I was "over the limit". When I told them that a situation like this happened to me before being as I was on medication, I asked if I could get a blood alcohol test instead and they refused. This is my second DUI, which is bad for me. I know that my BAC level on the first time around was almost 6 points lower than what the breathalyzer was giving the police and that was the reading they went with. Did they have a right to refuse me a BAC test?
Your question is a little confusion to me, so please bear with me if my answer fails to aid you in any way. Specifically, your use of the term "breathalyzer" is ambiguous. There are two distinct procedures that are sometimes mistakenly conveyed by that word. At the scene of the stop, police often employ a device commonly referred to as a PBT for portable breath testing device. It is a tool they carry with them an employ to get a "ballpark" idea of alcohol level. The results of such roadside testing are not admissible evidence. A far more complex, essentially stationary device, is used to obtain admissible breath testing evidence. These devices are most commonly housed in a police station; they are not transported around in their patrol vehicles. Police, if they have an adequate basis to make a valid request for blood alcohol testing from a driver may take the form of either breath testing or a blood analysis based upon a blood draw obtained in a hospital ER. In any event, I strongly encourage you to seek legal representation, especially with a prior DUI conviction. Most lawyers here with talk with you without charge so that you can get some further assistance in a confidential situation. Good luck to you. BTW, I took the liberty to recategorize your question to "DUI & DWI"
You have no say as to whether the officer wants to test your BAC by breath or blood. The choice is the officer's. If you demand only one, it will be considered a refusal. Having said that there are still defenses to be raised. If not done so already, speak to a DUI attorney ASAP.
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