Breath Test Knowledge Base
Why is a compelled breath test not violative of the 5th amendment? My notes say that the prohibition of compulsion of the 5th amendment right against self-incriminating statements does not stop revoking ones license for failure to take breath test. is a breath test the type of "testimonial" evidence the 5th seeks to protect? I guess I am confused as to why the state can force breath test: Is it legal because it is not testimonial? or Is it legal because the threat of losing ones license is not considered "compelling" under the 5th?
Can i be charged for dwi when no blood breath or urine test given? I bumped a cars bumper and the police were called. the officer found my presciption for ambian in the car. she gave a field test and said i did not pass It. she took me to station where a long drug test administered by a specialist which he said i passed no blood test or urine given. i passed the breath test with .000. not charged with at time but officer said she would call driver control and report me. they let me go. should i be worried and retain a lawyer?
Is my motor insurance void after failing to give a breath test ? I have recently been convicted and banned from driving for failing to give a breath test. I crashed into a gate and caused damage to my car. My insurance company are refusing to pay out as they say I was drink driving and refer to there terms and conditions. After reading there terms and conditions there is nothing regarding failing to give a breath test, after all they are 2 different convictions. Can my insurance company legally refuse to pay out if nothing regarding failing to give a breath test is in the terms and conditions ? Thanks
If you ate enough marmite could you fail an alcohol breath test? I know it sounds silly but if you eat poppy seed bagels you can fail a drugs test and since i found out that marmite is made from beer. on how do they do it? Robert Llewellyn said it still smelt of beer at the marmite factory. and since you eat it could it interfere with the result of a breath test?
Can an officer/police department refuse to provide you with a copy of breath test results? Can an officer or department refuse to provide you with a copy of your breath test results from the machine with official time and date on it? I went to the department to try and get this while i was picking up my incident report. They gave the incident report but told me i would have to speak to the arresting officer for a copy of the breath test results. I called and he plainly told me that he would not give me a copy or let me see a copy until the court date, stated i had no right to it. My understanding was that i had a right to this info/document at request, a lawyer even told me i should have been provided a copy when i was realeased from the jail after being booked. Is this an issue, certainly seems to me i should have a right to this information. They also have an incorrect book in time logged at the station and I have cell phone records to prove that I used my phone well after the time they say i should have been booked in and in a cell. Whats everyones take on this?
Police alcohol breath test. How does it work? Over where I live the police have a breath test where we have to blow into an electronic gadget which tells if you are drunk too much or not. How does this work? Would it show as you are very drunk if the test is done just after a zip of alcohol??
How long does it take to approve a test like Breath test for h pylori by an insurance company like Aetna HMO? My husband was asked by the gastro specialist to do a breath test for h pylori bacteria, a little more than a month ago. I called his doctors office and his medical network and for almost a month they kept telling me that they had not recieved the request from the doctors office. After blaming each other the test was finally approved but was approved for the wrong hospital as that hospital does not conduct that test. The person handling the case at the doctors office is really mean and just is not cooperating. She even went to the extent of saying its just a breath test and it is not very serious. Do you think I should send a written complaint to the doctor abt his staff's handling of the problem. Now They say that they have re-submmitted the papers to the insurance network. Meanwhile my husband is suffering from the stomach pain. I really dont know what to do, bcoz the whole process has started again. Does anyone have any info on pre certification. Sorry abt this long question.
Will a breath alcohol test show consistent results for someone who has built up a tolerance? My husband wants to get a breath alcohol test to prove he isn't getting drunk when he drinks 2-6 beers everyday. If he is building up a tolerance from drinking everyday, will the alcohol test still show alcohol thats considered "over the limit" in his system? Hope that makes sense. He is trying to say "I should be able to drink everyday as long as I'm not getting drunk off 4 beers" When I'm not happy about him drinking everyday. Is that a valid deal, to breathalyzer him so he can drink everyday as long as the test says he isn't "drunk"?
What happens if 2specimens are given in a breath test for alcohol but the results are different? I would like to know which test is taken into account with relation to Irish law but UK law would be useful. I heard the test with the lesser amount of alcohol is taken but it this correct!?! (reply to Reaper) So even if you were breathalyzed and passed the first time but evidently acting drunk so the garda insisted on taking another test. The next test is a fail. Is the guard right to arrest you?
Is there anyway to beat the breath test? I've heard lots that don't work, and from the science behind how a breathaliser works i think its impossible, but if you think it's beatable tell my how and i'll test it out myself.
What is the"breath test" that can be done at the doctors for? I am having this test on Monday 18/07/2011 and this is because I told my GP that a lump on the right side of the neck just under the jaw is getting bigger. The GP said that its a salivary gland that is blocked. Also I keep getting very sore gums and ulcers in my mouth. I have been told to take 200ml of pure fresh orange juice with me and I could be there at least. Has anyone ever had this test?
how to appeal a breath test refusal? I refused a breath test and my license was suspended for 180days but u can appeal this within 15day of incident. What do i have to proof or say when appealing this in front of the RMV officer?
where can I get a bmr breath test in denver, co? I live in Lone Tree, work in downtown Denver, and would like to get my rmr/bmr tested with one of those breath tests so I know how much I burn without relying on inaccurate online calculators.
does medicinal nitroglycerin for angina affect a breath test? ive just been prescribed nitrolingual (nitroglycerin) for angina and have been told that it is going to affect a alcohol breath test machine..does anyone know if this is true as if it is i will need to refuse any road side breath test pending a blood test.being that even not having a drink will affect a reading...i know it is highly flammable-idiot me sprayed my finger and lit it to see..but it is a worry if it affects a breathalizer....any help greatly appreceiated
I have a question about a breath test for alcohol? How much alcohol is in your system if you blow 0.029%, and this is equivalent to how many drinks if any? I mean 0.029%, not 0.29%. Could rinsing with mouthwash cause this to show. I dont have to report to anyone, Im not in trouble. This is an experiment for one of my classes that I am doing a thesis on.
is it lawfull to have a breath test in your home? 1 hour after the police were told this man had a drink and then drove home the police came to his home and gave him a breath test failed it was taken to station where he had another 2 tests and failed was told he was charged with failing the test he offered a blood sample but was told he failed the breath test was not charged with drink driving but failing the breath test is this against the law
Refusal to submit breath test and citizenship application? I know that DUI is not a criminal offense of moral turpitude but what about refusal to submit breath test in New Jersey? Does Refusal to submit breath test consider as crime of moral turpitude? First DUI offense which is not a felony, does not stop anyone from gaining US Citizenship but what about refusal to submit breath test? Thank you in advance… Ok. Is refusal to breath test considered as crime of moral turpitude? Ok. I see here that most of the people don’t know what they are talking about. No you do not go to jail for refusal to submit breath test. In NJ, DUI related crimes are only traffic violations and not criminal offenses. I did not refuse to submit to submit breath test. I blew into the machine 3 times but it did not record any BAC. You can be charged with refusal for anything, so don’t jump off the hook right a way without having any knowledge. My question still stands…Is it a crime of moral turpitude? Could you give any reference? Thanks a lot… Thanks a lot for the replies… one more question: - In NJ, there is no jail time for implied consent violation and all traffic violation including this are counted as quasi-criminal offenses. What does that mean? If there is no jail time so would it also fall under pity offense without loss of any immigration benefit because there is no jail time for the offense (Pity offense – maximum imprisonment for the crime less than a year and actual incarceration must be less than 6 months)
DUI and Refusal to breath test in NJ. Effect of refusal conviction on out of state license? I received DUI and Refusal (2 tickets) in last week of October 2006. Since then there were total of 4 court visits in regards with this case. Looking at case matters, I did not refuse to blow but the new Alco test equipment did not record any BAC when I blew into the machine. There were many issues with the refusal and legitimate stop by the cop. There was no traffic violation / probable cause for my stop and the refusal could not have been proven beyond the reasonable doubt by prosecutor. So after discussing all the matters with prosecutor, he suggested a conference with Judge in my last visit to court. In the conference, after looking at issues Judge advised that because of involved issues in case, he will dismiss the DUI charges if I plea guilty for the refusal. Now at that time I had New Jersey driver’s license so my lawyer asked for some time to review the case and other details and went for adjunment which would also give me time to get Connecticut driver’s license as I live in CT (I moved to CT (5 months ago) before I got DUI but kept my NJ driver’s license). My DUI case is running but my driving rights are not suspended yet. The very next day I went to local DMV in Connecticut and got Connecticut driver’s license in January (2 & ½ months after getting DUI). They checked all my records and it came clear. Now in my next visit to court I have 2 options….I take the plea bargain offered by the Judge or I go for a trial…is it a good bargain (DUI dismissal and plea on refusal) ? Will my refusal in NJ affect on my CT driver’s license? Are refusal to submit breath test recorded on driving record? I am a permanent resident (green card holder). Can I go out of country and re-enter during the license suspension period? Thanks in advance for your replies. No one has answer to any of my questions? Please advise and share your knowledge. Thanks. No one has answer to any of my questions? Please advise and share your knowledge. Thanks. The following issues were involved in my DUI case and because of that Judge offered me plea bargain:- 1.There was no traffic violation or cause for my stop in first place. I did not violate any traffic rule. The cop randomly stopped me without violation. 2.Did 3 out of 4 Field Sobriety tests correctly. I was never instructed properly how to do these tests at all. 3.The cop did not read the statement that they are supposed to read before breath test. 4.He wrote (totally false) that I kept burping at the station which would void the breath test results. He did not wait at least 20 minutes before he tell me to submit the breath test. 5.I made 3 attempts to give breath test but the alco test did not record BAC. My last 2 attempts had sufficient amount of air but still he gave me refusal. Kindly let me know if anything is unclear…. Would be glad to write it in different words. Sorry for my language. English is not my native language.
will alcohol show up in a urine/breath/blood test after 36 hours? i was wondering if alcohol will show up in a urine test, blood test or breath test 36 hours after my last drink, i plan on drinking 12 pints of beer at a birthday party but i've got to take a drug test where blood will be taken, a urine sample and breath test. thank you in advance, tom stewart.
Refusal to breath test and surcharges - New Jersey? I was charged with DUI and Refusal to submit breath test... My DUI charges were dismissed and I pleaded guilty for not providing sufficient amount of air for breath test. I am out of state resident (Connecticut). If my DUI was dismissed...will I have to pay 1000 $ surcharges for 3 years for Refusal only without DUI??? I will appreciate if someone knows the answer. Thanks. Thank you for replies. I heard that if the person is not a resident of NJ...there won't be any surcharges for only refusal without DUI... I got my CT driver's license before my NJ license was suspended. I also called the Connecticut DMV and confirmed that only refusal conviction without actual DUI will have no effect on my CT driving license so I can drive elsewhere but NJ. Any other information will be much appreciated. Thanks
I stopped drinking las night at around 11:30 had 4 sparks and 2 light vodka drinks, will i pass a breath test Im a female about 5'6 140lbs if that matters and sparks are 1 pint and contain 6% alcohol, the test woul be between 6 and 8 tonite m a female about 5'6 140lbs if that matters and sparks are 1 pint and contain 6% alcohol, the test woul be between 6 and 8 tonite This is NOT a question about driving and passing, i have to go to a class tonite and they may test me, i know my driving level will be fine after 19 hours but the class leader told us if we drink the night before he will know and breath test us.
Is there a specific Tar breath test available? Tar from smoking? I know you can work out a general rule for smokers but I would like to know if there is a test available to use to work out the EXACT amount of tar in MY lungs. I visualise say blowing on a device like an alcohol breath test and seeing what the results are? Can you help? If they can detech alcohol in the bloodstream then why not tar?
The bad breath test where you lick the inside of your wrist? I am a little uncertain about the test for bad breath where you lick your wrist, leave for a few moments, then smell it. What is it suppose to smell like? is it odorless if you dont have bad breath? if there is any smell at all, does that indicate that you have bad breath? Thanks a lot
Is there a self test for bad breath? I meet with a lot of staff during office hours, I want to assure myself before I speak with them at a certain distance. If I could test myself whether my breath is okay, I can speak with them confidently.
how can i pass alcohol breath test? i have heard many things about passing a breath test i am not talking about driving while pissed i am talking about driving after perhaps 2 beers over an hour, although the police dont care, so if i get pulled by the old bill is there any thing i can do to help me pass the breath test thanks mark lee UK
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