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When is it recommended that I refuse a breathalyzer?
Question:
When is it recommended that I refuse a breathalyzer?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
When you are pulled over and the police officer suspects you of driving under the influence, you are likely to have to make a decision to take or refuse a breathalyzer test. If you have been drinking, submitting to the breathalyzer test will hand the prosecution strong evidence that can be used to convict you. Of course, you would much rather refuse than incriminate yourself, but it is not that simple.
Implied Consent Laws
DUI laws and their penalties vary from state to state, but every state in the US has some form of implied consent law. Implied consent laws state that you have already agreed in advance to submit to chemical testing of your blood, breath or urine if a police officer believes you have been operating a vehicle under the influence of alcohol or drugs. This consent is something you agreed to when you received your drivers license.
If you now refuse to submit to the requested breathalyzer you have violated your state's implied consent law. In most cases, this means an automatic and immediate suspension of your license which can last for up to one year, and in many states this suspension is in addition to any other penalties you may receive if convicted of DUI.
You Can Still Be Charged With DUI
Even if you refuse to submit to a breathalyzer and field sobriety tests, you can still be charged with DUI and your refusal to submit to the testing can be used as evidence of your guilt at your trial.
Should You Ever Refuse?
You are the only person in a position to answer this question. If you are know that you are unlikely to pass the test, and you think your chances of conviction might be better without this evidence against you and you are prepared to take the license suspension consequences of your refusal then that is your decision.
Get Legal Help
Whether you submitted or refused the breathalyzer, a DUI charge is defensible. Contact an experienced defense attorney as soon as possible, tell him or her what happened when you were arrested and then let your attorney explain what the best next steps are and what options are available to you under local state law.
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