Situation: A driver taking a few beers or just a couple of glasses of wine during a dinner with friends. While you are driving, even on the way home, for whatever reason, he suddenly realizes that he has behind it a police car. He stops and turns off the car. The police officer comes to the driver’s window and proceeds to tell him the reason for the stop is because the car looked set weaving, or that the driver had changed lanes or made a turn without signpost, or what is.
The agent asks if he’s drunk, and the driver replied that he had had two glasses of wine during a dinner with some friends for two hours. The officer asks the driver to exit out of the car and to undergo some sobriety tests. The agent then informs the driver who is arrested for driving under the influence of alcohol. The agent wife and puts it in the back of the police car to the police station.
At the police station the driver is told that the breathalyzer test is mandatory, but the driver refused. Wrong answer, the driver is released on bail and invites you receive by mail a notification for the hearing, besides your car will be impounded, because the driver cannot drive. Surprised, the driver asks you what is due this. The agent tells you that the cause is their refusal to submit to a breathalyzer, and hence his driving license is automatically suspended for one year.
To get permission and/or renew the application form includes a section that indicates that the driver’s signature this consents to testing blood alcohol if you are stopped on suspicion of driving under the influence of alcohol or drugs. The driver can only find a way to return home, look for counsel and reflect on how it could come to this chaos.
Every state in the US now has a standard known as “tacit consent”, whose acceptance is required to get the license. While it seems a violation of individual freedoms, everyone has the right to accept or not. The cost to sign and accept the tacit consent is not to drink before driving, regardless of how much time passed from the consumption of alcohol. If the breathalyzer recorded “guilty”, you will be guilty.
- How long breathalyzers detect the alcohol
- Impact of the first DWI offense