Can I refuse to blow into the breathalizer machine at a police station if picked up for DUI/DWI?
Jose
Corpus Christi, TX.
Jose,
Yes you can refuse to blow in to the machine. Most machine are calibrated on a regular basis. But most officer have not been trained properly on how to administer the test. There are a lot of variables to be consider when taking this test. Example did you know that if you ate garlic, had a peppermint, or a peptic ulcer it could alter your test. Even if you breath to hard it will alter the reading of the test.
The best thing is to refuse the test and have them take blood from you. But they have to have a warrant from a judge to do this procedure. Also it is usually done at a hospital. So by the time all that paperwork gets figured out you may have sobered up enough. But the best thing really to do is plan ahead and have a designated drive or don’t drink and drive.
Thank you for the Question.