Jim Stewart wrote:
Dallas wrote:
Breathalyzer that is... and field test.. and blood test.

With respect to your certificate, I was wondering what the best course of
action would be if you had imbibed a couple of cocktails and you were
pulled over and suspected of DUI.

For example, a friend of mine blew just above the limit during a traffic
stop. Her advice to people is to never "blow". It took several hours to
get her to the station and by that time, she contends, that she would be
below the legal limit.

I would say never take a field test as those are completely subjective.

Many States automatically suspend your driver's licence for refusal to
take
an alcohol test. From a constitutional point of view, I don't understand
why the 5th Amendment doesn't come into play here. Doesn't one have the
right to refuse all alcohol tests on the basis of self incrimination?
My thinking here is that if there was a good chance you are going to be
over the limit, it would be better to suffer whatever penalty they handed
out for refusal to take the test, rather than actually have a DUI on your
record.

First off, I am not a lawyer and this is not legal
advise.

I think that it would be in your best interests
to do the alcohol test *if* you have gotten yourself
into the situation where it's an implied consent
issue.

OTOH, in California, it appears you're not required
to consent to chemical testing until *after* you are
arrested for drunk driving:

CVC 23612.a.1.A

A person who drives a motor vehicle is deemed to
have given his or her consent to chemical testing
of his or her blood or breath for the purpose of
determining the alcoholic content of his or her blood,
if lawfully arrested for an offense allegedly committed
in violation of Section 23140, 23152, or 23153. If a
blood or breath test, or both, are unavailable, then
paragraph (2) of subdivision (d) applies.

I was surprised at this. I always thought consent
was implied by having a license. It's actually
implied by being lawfully arrested for DUI.

Some of the advice I've seen is to politely refuse
to answer inquiries as to whether or not you were
drinking, to refuse to take a field sobriety test and
to refuse to take a chemical test unless you have
actually been arrested for DUI. The point being that
the officer cannot arrest you without probable cause
and it would be foolish for you to help give it to
him. Of course, it would also be foolish to be driving
drunk. And none of this will help if you are falling-
down drunk.

I'd be interested to see what the Texas laws say.

What happens in the actual practice with regards to CVC 23612.a.1.A is
if you refuse the test they will then either talk to you and/or make you
exit the car and walk to the front or back of it and then decide if you
are intoxicated and then you have to take the test.