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Breathlalizer Test

We've all seen in movies or TV someone being pulled over and taking a breath test (sometimes referred to as a breathalyzer). The specific laws from state to state on whether or not someone must submit to a breath test vary widely and are frequently changed by the state's legislature. Usually, the first step is that the arresting office will ask you to perform field sobriety tests, such as walking a straight line or reciting the alphabet. After that, there are many things that may happen, again largely depending on the state you are in.

SPOTLIGHT

The officer than may ask you to take a breath or blood or urine test to further check your status. Many states allow you to refuse to take some or all of these tests, but as stated before, each state tends to be different. For example, in some areas, you are only given the option of a breath test, while in others, you must be informed that you can choose to take a blood test. In some states, if you resist to take a test, you can be physically forced to do so.

One thing to keep in mind if you do refuse to take a test - in many states, the penalty for doing so is a loss of your driver's license. As each situation can be so different, there is a possibility that your rights may have been violated during the testing and/or arresting procedure. Perhaps here, more than in any other area, a qualified DUI attorney may be able to "beat" the arrest, or at least whittle down the punishment.



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