Walk It Through: The Breath Test After the Game
A roadside screening test, an arrest, the request for the evidential test, and a 14 day clock on the license.
After a ballgame, a driver is stopped and asked to blow into a handheld device at the roadside.
Two things a person in this spot might do. Picking one shows what the law says about it.
A DUI arrest of an adult driver with a breath test. A blood draw, a commercial license, a driver under 21, and sentencing after a conviction are left out of this one.
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.
- DUIOperating or attempting to operate a vehicle with 0.08 or more alcohol in the blood or breath, as measured within three hours, or under the influence of alcohol or drugs to a degree that makes safe driving impossible.
- Preliminary screening testA test of breath or oral fluid an officer with reasonable suspicion may ask for at the roadside, used to decide whether to arrest and whether to ask for further tests.
- Test refusalRefusing to submit to and complete a requested test of blood, breath or urine suspends driving privileges for one year, and may be used against the person at a DUI trial.
- Administrative hearingThe hearing on the license suspension after a failed or refused test, requested in writing within 14 days after service of the notice.