法律英语：95 Pulled Over for DUI

By Adam Freedman

Today’s topic: DUI and the Breathalyzer test.
But first, your daily dose of legalese: This podcast does not create an attorney-client relationship with any listener. In other words, although I am a lawyer, I’m not your lawyer. In fact, we barely know each other. If you need personalized legal advice, contact an attorney in your community.

What to Do if You Are Pulled Over for DUI
An anonymous¹ listener informs me that he was “recently pulled over and charged with a DUI because the officer saw me swerve² into his lane.” Mr. Anonymous admits that he had been drinking beer, but then very helpfully explains:
But I was texting my girlfriend that I was coming home and wasn’t watching the road. But also my vehicle pulls to the left.
Oh, well, now that clears things up. Why would the police stop somebody like that? Shouldn’t they give him a medal and throw a parade in his honor?
 Is it Illegal to Drink and Text While Driving?
Let’s establish some basic points at the outset. First, don’t drink and drive -- ever. It’s illegal, it’s stupid, and frankly³, it’s tacky. Not your sort of thing at all. Second, texting is no excuse for bad driving! In fact, 14 states (including Alaska, California, and New Jersey) already prohibit texting while driving, and recent federal legislation may well create a nationwide ban on texting while driving in the near future. And third, don’t drink and text while driving, not even to send nice messages to your girlfriend.
To continue with our story, the police did arrest Mr. Anonymous, but apparently⁴ he had to take the breathalyzer test four times. Which leads to the question: do you have to take a breathalyzer test when the police ask you to? And if so, do you have to sit through multiple tests?
Can You Refuse a Breathalyzer Test?
Contrary to some urban myths out there, you have no Constitutional right to refuse to take a breathalyzer test. States across the USA have adopted so-called “implied consent” laws. That means that every time you get behind the wheel of a car, the law assumes that you have agreed to submit to a chemical test of breath, blood, urine, or saliva⁵, for the purpose of determining your blood alcohol level.
Under these laws, if a police officer has reasonable grounds to believe that you are driving under the influence, your refusal to submit to a blood alcohol test can result in the suspension or revocation⁶ of your license⁷. In some states, refusal to submit to a test is a crime in itself, and can even lead to jail time. The fact that you refused to take a breathalyzer can also be used against you at the trial of your drunk driving charge.
Are Mandatory⁸ Breathalyzer Tests Unconstitutional?
Over the years, people have argued that implied consent laws violate the Constitution-- either because such laws are an “unreasonable search and seizure” under the Fourth Amendment⁹ or because they violate the right against self-incrimination under the Fifth Amendment. Nifty arguments, really, but the courts don’t agree. So if you were planning on fighting that DUI conviction all the way up to the Supreme¹⁰ Court, think again. You’re probably better off memorizing the bus routes in your area.
Can You Demand a Breath Test Over a Blood Test?
Although drivers must submit to some sort of chemical test, some states at least give you a choice among the various types of test: breath, blood, or saliva. Generally speaking, the state cannot force you to undergo a blood test if you object, for example, because you are afraid of needles. But you’ll still have to undergo one of the other tests.
Many states require a period of observation -- typically 15 minutes -- before administering a breathalyzer test. In some states, the driver has the right to insist on a witness being present at the test. Because drunk driving is a very serious charge, you should avail yourself of any procedural safeguards offered by your state.
Are Police Allowed to Give You Multiple Breathalyzers?
But can the police make you sit through multiple breath tests? The answer is: it depends on why the police are repeating the test. Normally, the only reason to repeat the test is because of a technical error in the testing.   The fact is, these devices are rather delicate and a number of things can interfere¹¹ with the results, including body piercings through the tongue, lips, or cheek. Or so I’m told.
In any event, the police are generally permitted to repeat the test in order to overcome such technical difficulties, although in some states, they may be required to repeat the 15-minute observation period each time they repeat the test. If, on the other hand, the police kept repeating the test simply because they didn’t like the results they got the first three times, that would be not be legitimate¹². Unfortunately Mr. Anonymous does not elaborate on why the police administered the test four times to him. Maybe they just enjoyed his company.
Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful¹³ Life.  I want to mention a Quick and Dirty audiobook that will help you stand out in the tough job market we’ve been facing over the past twelve months.  With more competition for fewer openings, effective networking and strong interviewing skills are essential to landing a job. In The Public Speakers Guide to Ace¹⁴ Your Interview:  6 Steps to Get the Job You Want, Lisa B. Marshall shows you how to get in the door and make a powerful first impression that will get you hired.  The Public Speakers Guide to Ace Your Interview is available on iTunes and Audible.com for $5.95.

You can send questions and comments to。。。。。。or call them in to the voicemail line at 206-202-4LAW.  Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.

 

1 anonymous   

adj.无名的；匿名的；无特色的

参考例句：

• Sending anonymous letters is a cowardly act.寄匿名信是懦夫的行为。
• The author wishes to remain anonymous.作者希望姓名不公开。

2 swerve   

v.突然转向，背离；n．转向，弯曲，背离

参考例句：

• Nothing will swerve him from his aims.什么也不能使他改变目标。
• Her car swerved off the road into a 6ft high brick wall.她的车突然转向冲出了马路，撞向6英尺高的一面砖墙。

3 frankly   

adv.坦白地，直率地；坦率地说

参考例句：

• To speak frankly, I don't like the idea at all.老实说，我一点也不赞成这个主意。
• Frankly speaking, I'm not opposed to reform.坦率地说，我不反对改革。

4 apparently   

adv.显然地；表面上，似乎

参考例句：

• An apparently blind alley leads suddenly into an open space.山穷水尽，豁然开朗。
• He was apparently much surprised at the news.他对那个消息显然感到十分惊异。

5 saliva   

n.唾液，口水

参考例句：

• He wiped a dribble of saliva from his chin.他擦掉了下巴上的几滴口水。
• Saliva dribbled from the baby's mouth.唾液从婴儿的嘴里流了出来。

6 revocation   

n.废止，撤回

参考例句：

• the revocation of planning permission 建筑许可的撤销
• The revocation of the Edict of Nantes was signed here in 1685. 1685年南特敕令的废除是在这里宣布的。 来自互联网

7 license   

n.执照，许可证，特许；v.许可，特许

参考例句：

• The foreign guest has a license on the person.这个外国客人随身携带执照。
• The driver was arrested for having false license plates on his car.司机由于使用假车牌而被捕。

8 mandatory   

adj.命令的；强制的；义务的；n.受托者

参考例句：

• It's mandatory to pay taxes.缴税是义务性的。
• There is no mandatory paid annual leave in the U.S.美国没有强制带薪年假。

9 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

10 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

11 interfere   

v.(in)干涉，干预；(with)妨碍，打扰

参考例句：

• If we interfere, it may do more harm than good.如果我们干预的话，可能弊多利少。
• When others interfere in the affair,it always makes troubles. 别人一卷入这一事件，棘手的事情就来了。

12 legitimate   

adj.合法的，合理的，合乎逻辑的；v.使合法

参考例句：

• Sickness is a legitimate reason for asking for leave.生病是请假的一个正当的理由。
• That's a perfectly legitimate fear.怀有这种恐惧完全在情理之中。

13 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

14 ace   

n.A牌；发球得分；佼佼者；adj.杰出的

参考例句：

• A good negotiator always has more than one ace in the hole.谈判高手总有数张王牌在手。
• He is an ace mechanic.He can repair any cars.他是一流的机械师,什么车都会修。