How the heck can a person who gets stopped for DUI suspicion have the right to refuse a breathalyzer test?

This is what happened this morning to former Yankee, Jim Leyritz, after he apparently drove intoxicated and killed a woman in Florida.

I’ve heard this with plenty of other people as well. Shouldn’t these people be required to take breathalyzer tests?

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Tags: dui, breathalyzer, can you beat dui refusing breathalyzer, right to refuse breathalyzer

8 Responses to “How the heck can a person who gets stopped for DUI suspicion have the right to refuse a breathalyzer test?”

  1. Robert B Badd says on :

    Its called FREEDOM you DAMM NAZI ass Bitch

  2. shilo9i says on :

    Please review the 4th and 5th amendments of the US constitution.

  3. kevin c says on :

    you cannot be made to take the test when stopped(becay=use you are not under arrest), it is voluntary…however if you refuse and they take you into custody (i.e. arrest you) you can be forced to take a breathalizer or another test to check the level of alcohol in your system

  4. GunnyC says on :

    You cannot force a person to incriminate themselves; 5th Amendment, but refusing to take it is an admission of guilt in most states-much like pleading no contest to a charge; you are really saying I am not innocent instead of saying you are guilty.

  5. N. Cognito says on :

    From what I’ve heard, refusing to take a breathalyzer amounts to an admission of guilt.

  6. Citicop says on :

    Many states have “implied consent” laws. This means that you agree to take a breath test when asked when you get your license. A refusal means you went back on your word, and you lose your license as a result.

    In Missouri, when you kill someone in an accident, we get a warrant and draw blood against your will if you refuse.

  7. Pancakes says on :

    You have the right to refuse, but you lose your license.
    That doesn’t really matter to alcoholics.

  8. marine_semperfi_jarhead says on :

    if he refused to take the test they would have taken blood from him if he injured some one

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