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  06:34pm ET, 05/21/08
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The Law and You
Refusing A Breathalyzer

by KYW's Amy Feldman

Former New York Yankee Jim Leyritz was arrested for suspicion of drunk driving and vehicular homicide after a car he was driving ran a red light, hitting and killing a woman.  He failed a field sobriety test and refused a breathalyzer.  Many people who are pulled over for suspicion of driving while intoxicated mistakenly believe that if they don’t take a breathalyzer test they can’t be convicted.

Drunk driving laws, are state statutes that prevent people from driving while impaired by the influence of alcohol or other drugs.  And while state laws differ, virtually every state has an implied consent law, which states that any person who operates a motor vehicle on any public road is deemed to have given his consent to the taking of his breath for the purposes of determining the content of alcohol in his blood.  If you refuse to take a breathalyzer test, you face automatic suspension of your drivers license under the implied consent law so refusing to take the test doesn’t get you out of the penalty. Drunk driving is a true strikeout--call a cab instead of risking your safety and your license.


 
 
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