DUI Breathalyzer -- WARNING: DO NOT TAKE!
Ha Ha Ha! Fellow blogger, and the "Go to guy for DUI"(in California that is), Hunter Biederman nails Judge Smails...umm...I mean William Kortemier for refusing to take a breath test. See Hunter expose the fat cats for what they are. Biederman illuminates the hypocrisy many in power dish out on a daily basis. Now I am a big believer of the idea that you are not guilty, and innocent until proven guilty, in court, by a jury of your peers, and beyond a reasonable doubt. However, I bet he is a kind of guy who deals harshly with alcohol offenders, and who will take advantage of every legal trick in the book to get out of his DUI, then look down his nose at us mere mortals. The moral of this story ladies and gents, please, for the love of God, Allah, Buddha, Vishnu, Zeus, or Odin, DO NOT UNDER ANY CIRCUMSTANCE(UNLESS YOU HAVE NEVER HAD A SIP OF ALCOHOL IN YOUR ENTIRE LIFE-(AND YOU STILL PROBABLY SHOULDN'T) take a breath test, by the road or at the police station; or take a field sobriety test(AT LEAST WITHOUT YOUR ATTORNEY PRESENT-AND YOU STILL PROBABLY SHOULDN'T)!
Be like the fat cats. They have the inside knowledge and power. They don't take DUI field sobriety tests. They don't take DUI breath tests. The reason the fat cats don't take DUI field sobriety tests or DUI breathalyzers is simple. They know it is much more difficult to prove driving under the influence of alcohol when you don't have physical evidence. When you take a breath test or field sobriety test, you are literally just handing over evidence to help convict yourself. You might as well drive your car through the police station window, while puking, with bottles of Jack Daniels rolling across the dash, stumble up to the first police officer you see, and slurringly say, "I'll have a double my good man."
I agree that you shouldn't take a breath test for bac.
I was a fire/medic in a small east alabama town for many years and we had a portable version of breath test equipment to test any fireman that might come to work hung over to make sure he could legally drive the ambulance/firetruck ect. I tested the breath tester and found that I could produce false positive results by doing nothing more than using mouthwash prior to taking the test. If I could do it I suspect the police could produce false positives as well.
I believe a blood test is more accurate and would be less subject to manipulation. I was stopped for dui not long ago and I requested such a test and was denied. I was asked to take a breath test which I refused. I was then informed that I would be having breakfast on the city.