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. "

I can see if its a condition of driving, as in some states, that refusing X test is penalized in Y way.

It's part of the driving privilege in California. If you are stopped, you submit in one of a few ways. If you refuse, you are arrested and your license goes bye-bye for a while. But it's part of the CA DL, so it's a condition of using those roads.

eta: ChiKat says it clearer and with actual terminology. What she said.

It's not someone proving you are drunk, it's you proving that you are a safe driver and sobriety is part of it.

eta: Certainly driving sleepy can be as dangerous as driving drunk, but you can't test for sleepy.

Sadly. Though I've done it way too many times for comfort. It took ages for it to sink in just how stupid I was being.

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

In that they are trained to look for "objective signs" of drunkeness, yes. For future reference: most field sobriety tests give a jury no legally actionable information. However, the eye test they do (usually first) is a biological test, if you meet all three criteria you have a BAC of .1 or above. So, if you "fail" that, it really wouldn't matter in most states if you do a breathalyzer right after or not.

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, it's the cop's word.

I certainly see implied consent and penalties because of it. But do you lose the ability to argue that you were sober or not driving or whatever? That's the part where it seems tricky to me.

Certainly driving sleepy can be as dangerous as driving drunk, but you can't test for sleepy.

I drive 10 hours a few times/year. I've gotten to where I will pull off at a rest area, lock the doors, and nap for about 20-30 minutes. Does me a world of good.