When you are pulled over on suspicion of drunk driving then one of the initial questions that the police officer will ask is to provide a breath test. This is the time, when numerous drivers ask the questions: Do I have any right to avoid it? The question is not yes or no.
On the one hand, you are theoretically allowed to refuse, but on the other hand, such a decision may have grave constitutional implications. This is what DUI lawyers would like you to learn about the refusal that breath test and the impact it might have on the case.
Breath Test: What Is a Breath Test?
A breathalyzer, also known as a breath test is administered by police officers to determine your Blood Alcohol Concentration (BAC). It is a major fact in the case of DUI (Driving Under the Influence). These are two types:
- Preliminary Breath Test (PBT): given prior to arrest on the road usually.
- Evidential Breath Test: Given an arrest in a police station or in certified apparatus.
In most states 0.08% is the legal limit of BAC. This limit is exceeded and results in DUI charges.
Is It Possible to Deny a Breath Test?
Can one refuse to give a breath test? Yes, but the question of whether to do that is quite a different story. The laws of most states in the U.S. are implied consent whereby by being a driver of a vehicle, you are conceded to take a chemical test (breath, blood or urine) when you have been lawfully requested.
Failure to take a breath test can lead:
- Automatic license suspension (usually 612 months, or longer)
- Fines or extra fees
- Employment of the refusal to your court case as evidence
- Mandatory fitting of an ignition interlock device
Therefore, as you want to get out of the situation understanding that refusal is always possible, it frequently causes complexities of your legal case.
What The DUI Lawyers Suggest
Your previous record and the nature of the circumstances are the two factors that would determine the best course of action whenever DUI lawyers are consulted. This is what they usually advise:
1. Be aware of Consequences
Remember that it is not always enough to refuse a breath test in order to avoid a DUI charge. You can still be arrested by police because of the other symptoms such as slurred speech, driving in line of erratic or unstable means and inability to do the field sobriety tests.
2. Take a look at the Evidence
In case you decline the test, it could go down to the prosecution on the ground that you declined because you were aware that you were drunk. This is destructive in the court. Nevertheless, a skilled DUI attorney can be capable of suppressing some of the evidence or contending the validity of the stop.
3. Contact a DUI Attorney as soon as Possible
In case of an arrest, you should ask to talk to a DUI lawyer at once. An attorney will advise you on what steps you could take, defend your rights, and develop a solid defense case, regardless of whether you either passed the test or declined it.
Final Thoughts
Declaration to refuse a breath test may appear as a method of escaping a DUI accuse, nevertheless, in the majority of cases, it results in even more severe punishment, as well as more difficult legal fight. You should talk to a qualified DUI lawyer as soon as after your arrest in order to limit the impact of the arrest to your rights.
Whether you are charged or have declined to take breath test, go ahead and locate a DUI lawyer to assist you through the entire case by making your case with the best results.