Have you ever?

[Mike]

yep

and if you are under 21 and blow a .01 , you automatically get a DUI ( unless the cop is cool )

[Even]

yep

and if you are under 21 and blow a .01 , you automatically get a DUI ( unless the cop is cool )

Wrong.

.02 is the zero tolerance law

edit: I'm 99.9% sure of this in CT and NY, which are two of the hardest hitting states for DWI's.

[Magilla]

i guess that sucks for the under 21 crowd

[HeavyMetal]

Wrong.

.02 is the zero tolerance law

id take it from this guy.

[Mike]

maybe its different state to state, pretty sure .01 will get you a DUI in virginia

and the whole " i just used mouthwash" wont generally fly with police

[Magilla]

i forgot my blood pressure med has worked

driving on coke> alcohol

also if you have a cdl it is only .04 not .08

[Ktmracer419]

this conversation is stoopit

[Even]

If you take a fresh swig of mouthwash directly before a breathalyzer you can easily blow over a .20

Officers are required to wait at least 20-30mins before giving you even a field breathalyzer, nevermind the official test at the station. After about 5 minutes the cells in your mouth will absorb the alcohol even though you still smell like mouthwash.

/drunk education

[Mike]

after 20 minutes you wont blow a .20 so using the mouthwash as an excuse doesnt work, like i said

[Magilla]

I have always been told by my buddy who is a cop to refuse the breathalyzer if i know i am over the limit
Under 21 Breathalyzer Failure Penalties

The penalties for failing a breath test if you are under 21 (the legal drinking age) result from a BAC reading of .02 or higher. The penalties are:

For a first offense, your license will be suspended for 90 days.
For a second (2nd) offense, your license will be suspended for 9 months.
For a third (3rd) offense, your license will be suspended for 2 years

[Even]

I have always been told by my buddy who is a cop to refuse the breathalyzer if i know i am over the limit

terrible advise unless you are completely blackout wasted and piss your pants while smashing your face into the pavement

[Mike]

if you do that, you still lose your license for a year right, whats the point of refusing it? It just makes it harder for them to prove you are actually drunk.

[Even]

If you are a refusal you automatically lose your license for 18 months, compared to 12 months if you are arrested for DUI. And 90% of the time if you have a relatively low BAC the charge will be reduced to DWAI.

[Magilla]

it is 6 months for refusal i just looked it up

[Mike]

Many drivers who know that they're beyond the legal limit make the decision to refuse the test and accept the license suspension. The thought process behind a breathalyzer refusal is that without the breathalyzer or blood alcohol content test, the state will be unable to prove a DUI offense.

More Penalties for Breathalyzer Refusal

According to the most recent data collected by the National Highway Traffic Safety Administration, the rate of refusal nationwide was about 25%, with one state's refusal rate at 85%. Since the statistics in 2002, several states have revised or enacted laws to provide for stricter DUI penalties for blood alcohol content test and breathalyzer refusal.

As of January 2006, 19 states have additional civil or criminal penalties for blood alcohol content test or breathalyzer refusal. These states want to make the cost of a refusal high enough to force compliance with breathalyzer or blood alcohol content test requirements.

The penalties include fines, insurance surcharges, suspension or revocation of vehicle registration, jail time and enhanced penalties for drivers who refuse the breathalyzer or blood alcohol test and are convicted of DUI.
State Penalties for Breathalyzer Refusal

Alaska, Minnesota and Nebraska DUI laws provide for jail time for first offense refusals. With California and Vermont DUI laws, drivers who refuse the chemical test can be sentenced to jail terms if they've previously been convicted of DUI. In Vermont, the sentence can be as long as two years.

Under certain circumstances, fines for refusals reach as high as $10,000, not including court costs and increased insurance rates. In New Jersey, there's a $3,000 insurance surcharge for a first offense refusal, and that number increases with subsequent offenses.

Both New Jersey and Rhode Island DUI laws require participation in an alcohol treatment program for blood or breathalyzer test refusal.
DUI Conviction is Still Possible

If you refused a breathalyzer or blood alcohol content test and thought you were making it more difficult for the state to convict you of a DUI, you may have been correct. Drivers can be and are convicted of driving under the influence after chemical test refusals all the time.

Other evidence such as a smell of alcohol observed by the arresting officer, erratic driving, failure of field sobriety tests, the officer's observations of your speech and demeanor, witness testimony or the presence of open alcohol or empty alcohol containers in your vehicle can be used against you in court.

You may be facing severe penalties for the chemical test refusal. If you've been charged with DUI and refused a chemical test, or if you've been charged with a chemical test refusal, talk to a DUI attorney in your state. You should know the potential penalties and possible defenses before you appear in court.

The above summary of breathalyzer refusal penalties is by no means all-inclusive and is not legal advice. Laws may have changed since our last update. For the latest information on DUI laws, speak to a local DUI lawyer in your state.