Walk It Through: The Breath Test After the Bar
A rolling stop, a roadside breath test, an arrest, and the ten days to ask for a hearing.
After two drinks, a driver rolls through a stop sign and an officer pulls in behind. The officer smells alcohol and asks for a 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 impaired driving arrest on a breath result. A blood test, a crash with injuries, a commercial license and a driver under twenty-one 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.
- ArrestTaking a person into custody in the manner the law authorizes, so the person can answer for an offense.
- Implied consentThe rule that anyone who drives on a highway or public area is deemed to have consented to a chemical test of blood, breath, oral fluid or urine.
- Onsite screening testA roadside breath test used only to decide whether a further chemical test will be given.
- Temporary permitThe paper an officer issues after taking a license for a test result or refusal, good for the next twenty-five days.
- Actual physical controlBeing in control of a vehicle, which is covered by the impaired driving section along with driving itself.
- Class A misdemeanorThe higher misdemeanor class, carrying up to 360 days and a $3,000 fine.
- Class B misdemeanorThe lower misdemeanor class, carrying up to 30 days and a $1,500 fine.
- Class C felonyThe lowest felony class, carrying up to 5 years and a $10,000 fine.
- Twenty-four seven sobriety programThe sobriety program a second offense in seven years includes for 360 days.