Legal tidbit from my friend the defense attorney: Never refuse the breathalyzer. You can fight the accuracy of the breathalyzer but refusing it outright makes the distinction of drunkenness purely legal by the police's estimation. You're legally drunk whether you're physically drunk or not.

I believe this is true in Illinois.

but if a police officer decided I was his request/demand somehow matters more than any other circumstance in establishing truth? I don't think police get that kind of power.

Legally, they absolutely do. Whether it is argued as a greater good thing or just something they can demand can be debated, but (in CA because I don't even know the laws for the state I live in, much less the whole country) they can request this and there is only so far you can refuse without incurring the penalties of failing a test.

It's horribly tricky. I hate the drop from .10 to .08 because I think it specifically targets casual drinkers and that the greater dangers have been from people WAAAY over the legal limit. It's splitting hairs. I know it's wrong to drive impaired but I've driven so sleepy I've almost fallen asleep at the wheel and I don't think I would have been arrested if I had been stopped.

This is where I find it to be ludicrous. Because I've driven stupid tired and really, at the time, not realized that I was a danger. Because I was sober, right?

Also, folks? Don`t drive drunk. Not even "just a little way." I peripherally witnessed a good friend (close enough I called him Grandpa) be killed by a drunk driver in a parking lot. If you drive drunk and harm someone or yourself I shall be very deeply miffed at you.

In CA, for an actual refusal (that is, of the intoxalizer at the station), you also lose your license for a year. Of course, this guy didn't seem to have a license, so that wouldn't have mattered.

I'm clearly not drunk... the opinion of a police officer somehow matters more than any other circumstance in establishing "fact"?

So why are you refusing the breathalyzer?

Generally, the police statement will not establish that you were drunk. The report will say, "Subject was driving erratically and the officer smelled alcohol. Subject refused breathalyzer."

That being said, roadside breathalyzers are often inaccurate. If you think you're legally sober, ask for a blood test too.

eta: Certainly driving sleepy can be as dangerous as driving drunk, but you can't test for sleepy. That doesn't make driving after drinking less hazardous.

Legally, they absolutely do. Whether it is argued as a greater good thing or just something they can demand can be debated, but (in CA because I don't even know the laws for the state I live in, much less the whole country) they can request this and there is only so far you can refuse without incurring the penalties of failing a test.

I can see if its a condition of driving, as in some states, that refusing X test is penalized in Y way. But is it tantamount to "proving" you are drunk?

The most horrific cases I've seen are people causing deaths while on their sixth DUI, no license, with a BAC of .23. People like that-there's no stopping them. They will drink and drive. But someone who's afraid to stop and have one beer after work because they're afraid of .08, that sort of sucks.

That being said, roadside breathalyzers are often inaccurate. If you think you're legally sober, ask for a blood test too.

That's why I'd be refusing the brethalizer.

That being said, roadside breathalyzers are often inaccurate. If you think you're legally sober, ask for a blood test too.

Good to know. I rarely drink, so it's not really an issue, but still good to know.

Illinois has an implied consent law that states if you drive in the state, you have given consent for a breathalyzer, urine and/or blood test. If you refuse, the penalty is worse.

"If you refuse to submit to testing, your driving privileges will be suspended for one year. If you are a second offender within a five-year period, your privileges will be suspended for one year if you fail the test or three years if you refuse to test. "