Please help settle an arguement

[zetec]

If I was stopped by the police and I refused to give a breath specimin (knowing I am under the limit). Would I lose my license???

I say yes but a friend of mine says no as you can prove you were under the limit?????

[_Al_]

You'd be arrested and taken to the station where they'd do a blood test, find you free of booze and think you were a complete *******.

[rospa]

zetec said:

If I was stopped by the police and I refused to give a breath specimin (knowing I am under the limit). Would I lose my license??? I say yes but a friend of mine says no as you can prove you were under the limit?????

You could always try...

"You have the power to request a specimen of breath if I have a) been involved in an accident, b) committed a moving traffic offence, or c) you have reasonable grounds to suspect that I have consumed alcohol.

As neither a) or b) is true, I can only assume that it is by c) that you seek to justify your request.

Since you cannot smell alcohol on my breath and I am able to communicate with you coherently, I do not feel your request is justified. Nonetheless, if you insist on a sample of breath, I will povide it. I will, however, also immediately present myself to your station and discuss the matter your Duty Inspector."

Not sure where this would get you - Probably a night in the cells.

[bobthebench]

DQ is discretionary not compulsory for failure to submit to a test. Equally blood and guts are discretionary if you step in front of an express train.

[stackmonkey]

bobthebench said:

DQ is discretionary

What's DQ?

[Plotloss]

My mates dad got arrested and taken to the station for failure to supply a breath test.

Its not that he didnt want to its that he smokes 5 black cuban cigars a day and physically couldnt...

[stackmonkey]

Arrested because he COULDN'T provide a breath test? I'd assumed that there would be a medical defence of some sort for those who can't (whatever the cause). When I had a asthmatic 'episode' a few years back I couldn't even complete a lung function test for my doctor without a coughing fit, never mind a drawn out alcohol breath test.

[pbrettle]

Failure to supply a breath specimen when required is an offence and is treated in the same manner as DD. Its unlikely that an non-drunk driver would decline (though not impossible as Plotloss has said), but once arrested you go to the station and you have to supply either blood or urine.... this is the formal proof of whether you were over or under the limit....

If you were under there is little that they can prosecute you for - except maybe wasting police time.... though its more likely to be a slap on the wrists.

This ISNT something that I would like to try and to be honest, if you have nothing to hide then supply it. Mind you it is suprising that in my area, recently published stats for DD over Christmas saw something like 22 drivers arrested for not supplying.... Did they not know it was an offence?????? People are just dim...

[Dwight VanDriver]

....but you can only arrest a person who has failed to supply a BT when the constable has reasonable cause to suspect that the refuser has alcohol in his body.
(S6 (5) RTA 88.

DVD

[kevinday]

stackmonkey said:

bobthebench said: DQ is discretionary What's DQ?

Disqualified.

I am sure any reasonable policeman could judge whether you had consumed alcohol and if you then refused a breath test they would explain their reasoning. Very dicey indeed to refuse to give a breath sample, why not comply, you know it will be negative.

[zetec]

Thanks for all the replies guys.

Just to let you know, we were arguing about the girl who was arrested for saying there was a bomb in her bag. We were trying to think of another scenario here in the UK which could provoke the same sort of reaction.

We came accross this scenario

I am driving along minding my own business perhaps I have had a half. Plod pulls me over and can smell the drink.

Plod: Been drinking sonny?
Driver: Yeah *laughs* I have just had 10 pints in the pub over there.
Plod: Ok then please blow in here.
Driver: Oh, no you have the wrong idea I have only had a half, honest.
Plod: Well please blow in here.
Driver: Look can't you see I am fine.
Plod: Well please blow in here
Driver: I was omly joking now can I get on my way.
Plod: NO, You are being arrested for failure to give a specemin etc. etc.