Page 1 of 6 12345 ... LastLast
Results 1 to 10 of 54

Thread: The right to refuse???????

  1. #1
    Does anyone know the REAL answer to this????
    If your pulled over in Az. in your boat or car, I've heard you have the right to refuse a field sobriety test, and a b.a.c test. Is this true? I'm not trying to find out how to get out of a DUI, but i've heard the conversation many times and want to know the REAL answer. ANYONE???? ANYONE???
    If you do refuse, what are the consequences??

  2. #2
    My understanding is that you have the right to refuse a field test, but doing so obligates you to come down to the station for a blood or breath test.

  3. #3
    I refuse to answer this question.
    Boatcop would forsure be able to give some straight answers.Wheres a Boatcop when you need one?

  4. #4
    I've never been a participant in this, but I believe if you refuse it carries all the same penalties as if you had failed the test.
    As if you wre admiting guilt?

  5. #5
    The answers are always wishy washy. I agree boatcop would know, i'm sure he'll have an answer.

  6. #6
    Not sure about AZ but in CA if you refuse the leo's take you down to the station and force a blood test... literally hold you down while a nurse sticks the needle in your arm.... :yuk: :devil:

  7. #7
    It's called "Implied Consent" and depending on the officer, his experience, and the courts, you may not even need to blow in order to be prosecuted for driving while impaired..

  8. #8
    You have the right to refuse a test. If they did that, a good lawyer would probably find a way to have your case thrown out.
    Actually, not likely for just that cause. When you get your (CA) license you imply your consent to give a sample for testing. Case law has held that evidence in the blood is transitory and will be less reliable if present at all, at a later time. This "emergency" nature of the evidence along with the implied consent have provided justification to "force" a blood sample. Most agencies (and especially hospitals) will not go to those extremes in ordinary circumstances.
    How this applies to AZ boating law......I am not sure, but suspect it will be the same.

  9. #9
    Yeah but I understand in AZ it is different.

  10. #10
    My Man's Sportin' Wood
    Refusing a preliminary test is not considered guilt. Its a right. You don't have any right to refuse the Breath or Blood test though. You agreed to be subject to those tests when you accepted your license.
    I grabbed this off a Orange County Lawyers web site.
    Okay, that works for CA, but the question was for AZ.

Page 1 of 6 12345 ... LastLast

Similar Threads

  1. Replies: 22
    Last Post: 11-11-2006, 01:10 AM
  2. Anyone Ever Refuse a DUI test?
    By Trailer Park Casanova in forum Sandbar
    Replies: 102
    Last Post: 06-18-2006, 12:00 PM
  3. Replies: 10
    Last Post: 04-28-2006, 08:45 AM
  4. Never refuse a lapdance...
    By Jbb in forum Sandbar
    Replies: 16
    Last Post: 09-09-2005, 09:14 AM
  5. I have an offer none of you can refuse
    By XLGPP in forum Sandbar
    Replies: 6
    Last Post: 02-13-2003, 08:06 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts