northwing
You don't have any choice about taking a breath test.
If you refuse the field test at the scene, you'll be arrested.
(Edit: At the police station, the police can ask you to provide a specimen of breath, blood or urine - their choice.)
If you refuse again, you'll be prosecuted for refusing.
Apart from the margin for error in favour of the suspect, what you've been told about the police station procedure is wrong.
According to you, you're not guilty unless you're still over the limit 2 hours after failing the first test. That's not correct.
Then you say "They won't let you go till you give two consecutive specimens below the limit."
What, they wait another 2 hours after the first test to see if a second test also shows below the limit? That's not correct.
If you were right and the second one showed over the limit (very unlikely) then what would happen?
Do they wait another 2 hours to see if they can get the second 'over the limit' reading which (according to you) they need before they can prosecute you
Nope, what you've said is totally wrong.
If the basic field breath test shows you below the limit, that's the end of the breath test procedure. If it shows you over, you'll be arrested and taken to a police station.
At the police station you'll be breath-tested on a more sophisticated machine which measures your blood/alcohol level.
ie Not just over or under.
If the reading shows you below the limit, that's it. Finito. You'll be released.
Even if you're over the aviation limit, the police can't keep you there unless you're obviously drunk. You'll be released and, provided your alcohol level is under the
road limit, you could even legally drive home - using the time to think how you're going to explain to your family and friends why you're probably about to lose your job and probably be going to prison. Not a happy prospect.
16 blades
Agreed, except I'm not sure you can demand a blood test.
If you're offered one, as you say, there's nothing to lose by taking it because you'll be no worse off and you might gain.