Walk It Through: The Breath Test
A chemical test after arrest, the form read aloud, a refusal, and the 30 days to ask for a hearing.
After a game, a driver is arrested on suspicion of driving under the influence and taken to a testing room. The officer picks up a form.
Two things a person in this spot might do. Picking one shows what the law says about it.
A first arrest with no crash, no injury and no child in the car. A second refusal, a test under 21, and the criminal sentence are not worked through 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.
- Ignition interlock deviceA device on the vehicle that must be installed before a restricted license after a DWI suspension.
- Implied consentDriving on a public highway is consent to a chemical test of blood, breath or urine if arrested for driving under the influence.
- Operating while impairedOperating any vehicle while impaired by alcohol or drugs, or with a blood alcohol concentration of 0.08 percent or more.
- Temporary receipt of licenseThe receipt an officer issues in place of a seized license after a refusal or a high test, good to drive on for up to 30 days.