Reply to Is a DWI conviction considered a crime ?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Yes.

Refusing to take the breathalyzer, however, is not a crime. Both result in a lost license but one is administrative and one is a crime. Never ever take the breathalyzer.[/quote]
In Maryland, at least, it’s an automatic 270 day suspension for refusal to take the preliminary test on the scene. Also they can still detain, arrest and prosecute you for a DWI based on other evidence, include a BAC.[/quote]

Right, if you're on the edge of sober, take the 270 day suspension, rather than the felony drunk driving. Decent chance you'll sober up enough by the time they get to the BAC. Don't volunteer to give them evidence.[/quote]

Don't they need cause for the blood test? That's even more invasive. I don't drink but trying to think what I would do if cops ever pulled me over and thought I was drunk. So don't agree to field test or breathalyzer, then what?[/quote]

DP never take the field test. If the police ask you to take a field test you are going to jail/be arrested. The field test are set up to gather more evidence and 95% of the people(sober or drunk) fail the test. Even if you pass the test they will still arrest you. Just google it.

As for the roadside breathalyzer you have to look in each state. Some state will take your license for a period of time if you refuse. You agree to these terms when the state issues the license. That is an administration process and is not criminal. Others states will get a court order after you are arrested for a blood test or a breathalyzer from a larger machine that will hold up in court. The portal test are not legal(hold up in court) in many states. They still have to prove you are over the limit.

You are not going to talk your way out of an arrest. Every interaction(giving your name, getting your license, etc)the police have with you, they are looking for signs of alcohol consumption. They want you to talk(being talkative is on their checklist), look at your eyes, take too much time getting your license, smell alcohol as you talk, etc.  [/quote]

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