Walk It Through: The Breath Test
Two drinks after work, a roadside test, a choice of blood or breath, and seven days that matter.
An officer smells alcohol and offers a small handheld breath test at the roadside.
Two things a person in this spot might do. Picking one shows what the law says about it.
A first stop for drinking with no crash and no injury. Drug impairment, a second offense, and what the criminal court imposes are on the penalties page and left out here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- DUIDriving under the influence of alcohol or drugs. DUI per se is driving with a BAC of 0.08 or more at the time of driving or within two hours after.
- DWAIDriving after alcohol or drugs affect the person to the slightest degree, so that they are less able to drive safely.
- Express consentA driver is required to take and complete a test of breath or blood for alcohol when an officer with probable cause requests it, and failing to complete the chosen test counts as a refusal.