Amanda Bynes Thread

TPF may earn a commission from merchant affiliate
links, including eBay, Amazon, and others

In some states refusing a breathalyzer can get you in more trouble than the actual DUI. I'm pretty sure in my state it's an auto 90 day license suspension and carries its own fines/penalties. If she wasn't under the influence then she's a damn fool for not taking the test. However I've heard lots of people talk about declining it if you are borderline and think you can test lower by the time you get the station--maybe that's what she was thinking?

she apparently wasn't clued in that if you refuse a breathalyzer then you immediately go to jail aka arrested.
there's another reason to refuse it...(other than hoping your alcohol level goes down) but i can't remember what it is... but i remember being told you SHOULD refuse it.
 
there's another reason to refuse it...(other than hoping your alcohol level goes down) but i can't remember what it is... but i remember being told you SHOULD refuse it.

Evidence.

No breath or blood test, no evidence. It comes down to the officer's word against yours which leaves room to plead down to a lesser offense, even if there's video.
 
It's a shame that THIS is how she gets her name in the press. I remember thinking years ago how great it was that she seemed normal and didn't get screwed up like so many child stars. Unfortunately, it seems like she is very very screwed up.
 
In some states refusing a breathalyzer can get you in more trouble than the actual DUI. I'm pretty sure in my state it's an auto 90 day license suspension and carries its own fines/penalties. If she wasn't under the influence then she's a damn fool for not taking the test. However I've heard lots of people talk about declining it if you are borderline and think you can test lower by the time you get the station--maybe that's what she was thinking?

Yup, here in PA you are automatically arrested and taken for a blood test if you refuse to take a breathilizer test. It's seen as admitting guilt. I'm not sure how it works elsewhere. However a breathilizer doesn't always hold up in court. In most cases you need a blood test.
 
she apparently wasn't clued in that if you refuse a breathalyzer then you immediately go to jail aka arrested.
there's another reason to refuse it...(other than hoping your alcohol level goes down) but i can't remember what it is... but i remember being told you SHOULD refuse it.

If you refuse it, here anyway, you're taken for a blood test. Sometimes it can take hours for this to happen depending on how busy the hospital is. Some people sober up before their blood test, maybe she was hoping for that?

My DH once arrested someone for DUI who agreed to a breathilizer. His breathilizer indicated he was well over the legal limit at the time. DH took him for a blood test, but the hospital was crazy at the time, and it took several hours for this persons blood test to be done. The blood test came back that he was under the legal limit by that time. Nothing held in court and charges were dropped.
 
Yep, you refuse a breathalyzer in hopes that you'll sober up enough by the time they draw blood. Refusal does get you arrested, but it may not get you a DUI.
Crazy. I must be a goody-goody because I cannot imagine ever saying no to an officer! I guess it makes sense that some people would refuse the test now though.
 
Crazy. I must be a goody-goody because I cannot imagine ever saying no to an officer! I guess it makes sense that some people would refuse the test now though.


It's a pretty decent loophole in the law, all things considered. There are some people that aren't allowed to refuse though, they sign as part of a contract - I know my dad can't, he drives trucks for the city we live in. Part of his contract has a clause that says he can't refuse a breathalyzer, if they find out he did he gets fired. Same if he gets a DUI.
 
I'm not sure if all states have a version of Implied Consent, but in those that do, if you refuse, you lose your license for a specified period of time.

I don't really understand how that works under the Fifth Amendment, except that driving is a privilege than can be revoked at will.
 
She has really gone downhill! I used to love watching bc of her girl next door appeal. She's on the fast track to her downfall, it's the same track as LL.

Sent from my iPhone using PurseForum
 
Top