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What kinds of tests do police use on drivers?

What is the Portable Breath Test?

After pulling your vehicle over, a police officer may request that you take a portable breath test on the side of the road.  The test is used by police to determine whether there is alcohol present on your breath.  It helps police determine whether there is probable cause to arrest a driver for drinking and driving.

What is the Breathalyzer, the DataMaster, the Intoxilyzer, and the Alco-Sensor?

The chemical test used by police to estimate a driver's blood alcohol content is commonly referred to as the "Breathalyzer."  In actuality, police use machines called The DataMaster, the Intoxilyzer, and the Alco-Sensor.

What if I refuse to take a Breathalyzer Test?

If you are under 21 and refuse to take the Breathalyzer Test, minimally:

You will be subject to a civil penalty of $300 and a $50 re-application fee.  Your license will be revoked for one year.  You will be required to pay the Driver Responsibility Assessment to the Department of Motor Vehicles, which is $250 per year for 3 years.  You may also be charged with DWI based upon the police officer's observations and your performance on the field sobriety tests. Your refusal will be offered at evidence against you, if the matter goes to trial.

The revocation period and the penalties increase (18 month revocation and $750 penalty) if you have had any of the following within 5 years:

If you are 21 or older and refuse to take the Breathalyzer Test, minimally:

You will be subject to a civil penalty of $500.  Your license will be revoked for one year.  You will be required to pay the Driver Responsibility Assessment to the Department of Motor Vehicles, which is $250 per year for 3 years.  You may also be charged with DWI based upon the police officer's observations and your performance on the field sobriety tests.  Your refusal will be offered at evidence against you, if the matter goes to trial.

The revocation period and the penalties increase (18 month revocation and $750 penalty) if you have had any of the following within 5 years:

If you hold a commercial driver's license and refuse to take the Breathalyzer Test, minimally:

You will be subject to a civil penalty of $500.  Your license will be revoked for 18 months.  You will be required to pay the Driver Responsibility Assessment to the Department of Motor Vehicles, which is $250 per year for 3 years.  You may also be charged with DWI based upon the police officer's observations and your performance on the field sobriety tests. Your refusal will be offered at evidence against you, if the matter goes to trial.

Your commercial driver's license will be revoked for a period of 10 years if you refuse the breathalyzer and you have ever had any of the following prior convictions while licensed as a commercial driver:

What if I already took the Breathalyzer Test?

The defense attorneys at HoganWillig have experience in defending clients who have taken the breathalyzer test and they are available to answer your specific questions.

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