In response to seattlepat70's comment:

In response to FrnkBnhm's comment:


In response to seattlepat70's comment:

I don't believe not blowing into a breathalizer is an admission of guilt in any state. I believe that you can refuse the breathalizer test as long as you are willing to submit to a blood test. The fact that the police did not request a blood test should tell everybody they had doubts that he was really intoxicated.


In response to Not-A-Shot's comment:





In response to seattlepat70's comment:







He may or may not be guilty of DUI. Regardless, the circumstance raises questions

1) Without a breathalizer test confirming he was under the influence, what case does the police have against him?

2) How does the court confirm whether he did not blow hard enough or this was a fabrication? Does the breathalizer print out a reading that says the subject did not blow hard enough? 

3) Without proof, how can the court find him guilty of DUI? Does the court simply take the police's word on this? Wouldn't that be dangerous in general? Even more so when the police may have beef against the one accused?

I am not saying Dennard is not guilty of DUI. Nor am I defending is actions if he was. I am just asking how strong a case does the police actually have in this case?





In many states, refusing the test is treated as an admission of guilt.  Why else would someone refuse it?








Is that an unwritten rule that cops apply? What state does not say in its laws that you may refuse to take the breathalizer?






In most states refusing to take a breathalyzer (which not blowing hard enough to register a valid sample counts as) is enough to get you arrested and your license suspended. It iscalled imsons consequentand when you get a license it is something you agree to. Next timethou renew your license read the full form. You agree to submit to blood alcohol and field sobriety tests. If you refuse that carries it's own penalties, often the same as an actual DUI. 



The fact is, intentionally not blowing properly for the test is probably a violation of his probation.



Thanks for the insight.