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TwoInLove

Is Refusing a Breathalyzer considered an alcohol related crime?

By TwoInLove in IMBRA Special Topics

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TwoInLove Enthusiast

TwoInLove   0

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I wonder if this is considered a crime? I guess so since they charge you with "Refusal" correct?

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February 3, 2010 - Pick up Medical Results

February 4, 2010 - Interview, given form 221(g) "Admin Review" and to come back in 6 months for another medical examination. #######.

Dogwood_Poet Collaborator

Dogwood_Poet   16

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In Kentucky & Tennessee, two states that I have lived in, refusal to submit to testing is considered the same as failing the test, the offender will be charged the same as a DUI.

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(I love my BEAUTIFUL wife Kathlene!)

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MikeAndIryna Contributor

MikeAndIryna   0

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Posted

In IL it's an automatic suspension of your license for 6 months or a year. Not sure how the charge is reflected on your record.

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brnidokiegurl Grand Master

brnidokiegurl   0

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Posted

I work with DA charges and dont recall one on "refuseing", did they continue and charge you with DUI again each state may look upon it differently.

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Boiler Grand Master

Boiler   46,121

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Posted

Usually it is one worse than failing.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

1HappyGuy Proficient

1HappyGuy   45

Posted
Filed: Lift. Cond. (apr) Country: Ukraine
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Posted

It seems to really depend upon your state law. They have other methods for checking blood alcohol levels, so refusing to take a breathalyzer doesn't seem to be the automatic conviction others have stated. Check out the laws of the state you were in when it happened.

In California, they will take you to the hospital to draw blood if you refuse the breathalyzer.

TwoInLove Enthusiast

TwoInLove   0

Posted
Filed: K-1 Visa Country: Mexico
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  • Author
Posted
It seems to really depend upon your state law. They have other methods for checking blood alcohol levels, so refusing to take a breathalyzer doesn't seem to be the automatic conviction others have stated. Check out the laws of the state you were in when it happened.

In California, they will take you to the hospital to draw blood if you refuse the breathalyzer.

Well it was back in 1993 I had this happen, I lost my license and was convicted of "Refusal", they didn't bring me for a blood test or anything - but since my conviction was for a refusal and it is an alcohol-related incident I will just count it as a conviction.

(Who was it that said, gosh only three bodies and they call me a mass murderer? -- I thought that was pretty funny!!!!! LOL)

Thanks everybody!

March 15, 2007 - I-129F Sent

March 20, 2007 - NOA1 Received

March 23, 2007 - Touched, April 4, 2007 - Touched , April 5, 2007 - Touched

April 18, 2007 - RFE Email received (waiting for snailmail to see what it is they need)

April 23, 2007 - Received RFE in the mail, mailed out RFE to USCIS using express mail, will get there tomorrow (come on NOA2!)

April 25, 2007 - USCIS Received my RFE info and case has resumed processing

April 26, 2007 - Touched, April 27, 2007 - Touched, April 28, 2007 - TOUCHED AGAIN!

May 10, 2007 - NOA2 Email notification (It took 56 days)

May 16, 2007 - Received NOA2 Notice in snail mail

May 18, 2007 - Received Letter from NVC that they are sending our packet to Juarez Consulate this week

May 26, 2007 - Received Fiance Packet!!!!!!

June 5, 2007 - Medical

June 6, 2007 - Interview at Juarez - Visa Denied (Fiance admitted to smoking marijuana cigarette 6 months before the interview, labeled a 'DRUG ADDICT")

November 18, 2009: I sent an inquiry thru the Juarez website asking about our upcoming end to our ban, what to do etc.

December 14, 2009 - Received a reply from the consulate saying that they will forward a request to the immigration department to request a new appt

December 16, 2009 - Received an email from the consulate saying they are ready for my fiance to come for an open appt anytime

February 2, 2010 - Medical - Trip back to Psych far away in dirty office

February 3, 2010 - Pick up Medical Results

February 4, 2010 - Interview, given form 221(g) "Admin Review" and to come back in 6 months for another medical examination. #######.

~Chad~ Veteran

~Chad~   0

Posted
Filed: Lift. Cond. (apr) Country: Philippines
 Timeline
Posted
I work with DA charges and dont recall one on "refuseing", did they continue and charge you with DUI again each state may look upon it differently.

In Louisiana if you refuse the test you will be charged. If they refused and we didn't charge them, then every drunk I stop would refuse the test.

http://www.youtube.com/watch?v=2eB_HFoSk4w
 
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