Passive Refusal - The only way to refuse a breath test.

Refusing to take a breath test? If so, there's a right way to do it and there is every other way. In this video DUI Defense Expert's Matt Olszewski and Jeff Lotter discuss Passive Refusals in their weekly strategy call.

In case no one told you - "Don't Drink and Drive" It's expensive and makes things really annoying for about a year.

Matt Olszewski is with the Florida DUI Group. He and Jeff have been great friends and worked together professionally for about 18 years.

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[tomsmith]

"My attorney has advised me that breathalyzer tests aren't always accurate. I'd like to submit to a blood test to insure my innocence." And stick with it. Most traffic police do not have this capability at the squad car. It usually takes more than an hour for them to comply.

[petahpunk]

Make no mistake, DUI is a revenue generator first and foremost, public safety concerns are secondary.

[minu]

Even if your not drinking you can still be charged with dui. I saw a video where a man supposedly failed the fst, arrested, and took a breatholizer 4 times and each time blew 0 each time, and was still charged.

[chrissimon]

I had just been read Miranda rights, and then the questions from Police began. I requested attorney and doctor advice (citing blood medications) before replying to unwarranted blood sample requests. MVD Judge acknowledged no denial - cited 20m time limit for affirmative response to unwarranted requests. Office obtained search warrant and informed that request would be competed with force if necessary. 1 year license suspension, classes, insurance, the works for violating implied consent as decided by a single administrative official (who also handles appeals to their own case!!). AZ implied consent has no limitations cited (other than unconsciousness) for number of requests, number of tests required, duration of tests, or type of tests as demanded by individual officer (breath, blood, urine, electric probes, whatever). 0.04% no DUI. Police report "inaccurate" - all charges dismissed. MVD suspension remained along with 3 years of additional requirements. Love your videos!

[PhilipDarragh]

Is a police report an official gov't document? If so, when the cop fills tt report out with false information, isn't tt a crime? Plse advise. Tks.😊

[twiztidsoul]

unless u live in Palm Bay, where bodycams only recently have been implemented even though they've been getting funding for bodycams since 2014. When asked what tax dollars actually were spent on, if not on bodycams, PBPD will tell you that they've spent the monies on ammunition's.

on a different note, can a cop refuse to give a request breathalyzer, blood, and / or urine test? According to PBPD they don't have breathalyzers in their cruisers, due too the "heat", claiming that the "heat" throws off the calibration. However, on the ticket, they wrote down refusal of breathalyzer.

Crooked cops seems to be everywhere these days, as a resident of Palm Bay, the PBPD makes up law as they go..

[noyopacific]

I think it should have been made clear that "passive refusal" of a test (whether breath, blood, urine or field sobriety) is not likely to prevent one from being arrested and prosecuted. It is done to establish an arguable defense at trial. Regardless of what you do or say the cops will most likely be taking you to jail.

[hafsalinda]

Belch every 15 minutes.

Stomach contents belched must be given time to clear the throat to have a valid test.

I belch when stressed.
Every 14 minutes.
Untill the stress is removed.

[rubertbonds]

Having an attorney present is not a right during a DWI investigation and not taking the breath test (BAC) is a refusal. All you have to do is look at the Omnibus DWI statement of rights and it plainly explains this. I've seen several people try this and guess what all went to trial and found guilty or plead guilty because they tried to use that exact tactic for a suppresion hearing and was not suppressed then plead guilty.

[kleetus]

fantastic channel, I am thankful for the YT algorithm for pointing me here. Never had an arrest or anything like that, but I want to learn, great work guys.

[robins]

They always tell "a" story, they don't tell "the" story.

[bradbradshaw-in]

you are not going to talk to a lawyer at 2am. in most states if you refuse you automatically lose your license.

[annelarrybrunelle]

All the comments clearly show that we have a problem with policing.

Ordinarily, if all is above board, we want people to not drink and drive, and to be appropriately interdicted if they do. Because the threat to life and property is so severe, and because the offense is so easy not to commit, we want serious consequences to the offender AFTER DUE PROCESS. (My preference for first consequence is to confiscate the vehicle, still require the offender to make any loan payments, and prohibit carriers from writing insurance for a period of time. In addition to any fines and restitution. Second and subsequent offenses, greater severity.)

But we have too much verified testimony of cops inappropriately charging DUI, even of teetotalers. I don't know how prevalent this is, and I don't care. Once, anywhere, is too many. When discovered, like nearly all bad policing, we need stiff consequences for the guilty officer(s), and ALSO for all in the chain of command fostering or failing to interdict and prevent such behaviors. No immunity. I understand simple mistakes; rectify those, compensating the injured, and move on. But negligent and intentional practices (poor or absent training is AT LEAST negligent) cannot but be criminal, and also require substantial civil restitution.

[cindyluwho]

What medical conditions are valid reasons to refuse FDTs? I have RRMS but how does one prove that?

[randallweese]

Isn't a breath test a violation of 5th AMD. for self incrimination?

[snicklefritzsnicklefritz]

Just got off jury duty where the driver was found guilty. He could have used this information.

[crand]

If you have been drinking and you had an accident they probably will arrest you for DUI anyway. Am I right?

[crand]

Wat if you say "I don't answer questions" but "will you take a breath test" is a question? You didn't refuse, you just didn't answer.

[Jrichardson]

BUT CAN they make you take it at the police department?

[thomasbrustad]

Jeff, when were you in the 503rd MP BN (ABN)