Is Refusing a Breathalyzer Enough to Be Charged with MIP and Taken to Jail
My question involves criminal law for the state of: Nebraska.
Obviously I know they can take me to jail since I'm 18. I was asked to take a bac test simply for being at a alcohol party (outside bonfire) after telling the cop i was not drinking and was free to go he said i can after taking a bac test which i refused simply because it is my right to do so since i was not driving. after refusing for a couple min he forced me out of my car, cuffed me and threw me in his car where he charged me with an mip/mic and took me to jail where i had court the next morning at 11 and was released by judge and now go back in a month after pleading not guilty. Also the cop never said i was slurring, alcohol on breath, glassy eyes, or stumbling. And he let 3 kids leave without giving them bac test which is B.S.
Re: Is Refusing a Breathalyzer Enough to Be Charged with MIP and Taken to Jail
No that is standard procedure when a suspect is intentionally obstructive to the investigation. He will have made observations, it is not his job to tell you what they were. Refusing to take a chemical test when suspected of DUI/OWI will result in a one year license suspension.You should not have gotten into your car.
Re: Is Refusing a Breathalyzer Enough to Be Charged with MIP and Taken to Jail
Did you have a question?
If it was against the law to have been consuming alcohol and the officer smelled alcohol emanating from your person or your breath, or observed any other signs and symptoms of alcohol consumption, he was certainly free to take action based upon those observations. Ironically, if you had NOT been drinking, the BAC would have proven it and you probably would have been allowed on your way. But, since you had been - and it was likely very clear to the officer you had been - you went to the pokey.
If this is an offense that faces the possibility of jail time, you should be able to request court-appointed counsel be assigned if you cannot afford an attorney. Otherwise, if this is a fine only offense, you may have to decide whether it is worth the cost and effort to fight the charge or plead guilty.
I suggest that you wait until you are 21 until you drink alcohol again. The life you save may be your own.
Re: Is Refusing a Breathalyzer Enough to Be Charged with MIP and Taken to Jail
the question was stated in the header. and the thing is the cops first words to me where get out of the car and take a bac test. not "you smell like alcohol so take the test or your eyes are glossy." his reasoning for the bac test was because i was at an alcohol party.
Re: Is Refusing a Breathalyzer Enough to Be Charged with MIP and Taken to Jail
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daake96
the question was stated in the header. and the thing is the cops first words to me where get out of the car and take a bac test. not "you smell like alcohol so take the test or your eyes are glossy." his reasoning for the bac test was because i was at an alcohol party.
AND you apparently smelled like alcohol.
As I said, you can choose to pay an attorney to fight this unless the nature of this offense is such that you can receive court-appointed counsel.
You don't get to be free from consequences simply because you refuse a BAC test. And had you NOT been drinking, the BAC test would have proven that ... irony.
Re: Is Refusing a Breathalyzer Enough to Be Charged with MIP and Taken to Jail
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daake96
... which i refused simply because it is my right to do so since i was not driving.
You will note that there is a significant difference between telling an officer "I have not been drinking" and telling him, "I refuse to let you test my BAC, even as I sit in my car, because I'm not driving." The latter type of statement does not include a denial of underage drinking and arguably implies that the speaker has been drinking.
The officer does not have to say "I think you've been drinking because you show the following signs of alcohol intoxication...", nor for that matter is it necessary for you to be intoxicated to be charged with Minor in Possession or Minor in Consumption. To the extent that the officer made observations relevant to the charge, the officer's observations will be in his report, and there should be a second report from the jail documenting whether you showed any signs of intoxication when you were booked into the jail.
Re: Is Refusing a Breathalyzer Enough to Be Charged with MIP and Taken to Jail
This article makes some really good points.
http://michigancriminalattorney.com/...ssion-alcohol/
If you had been drinking, then not taking the test actually keeps one piece of evidence from being used against you.
Re: Is Refusing a Breathalyzer Enough to Be Charged with MIP and Taken to Jail
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chyvan
OP is in Nebraska where implied consent laws might be different from Michigan.
Re: Is Refusing a Breathalyzer Enough to Be Charged with MIP and Taken to Jail
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chyvan
Of course, he was not driving so even the odor of alcohol from someone under 21 is likely sufficient to charge and even convict a person for MIP.