Throughout the United States, Washington DC & Puerto Rico, if you are pulled over for driving under the influence (DUI) you have the right to refuse a breathalyzer test or field sobriety test when you are pulled over. Even if you are not at all intoxicated you may not pass the field sobriety tests for numerous reasons. There is no law mandating you must submit to a breathalyzer test but refusing to take the test can haunt you if your case goes to court. Judges and prosecutors may enforce more severe penalties on those who do not take field sobriety tests. Also, If you refuse to take the breathalyzer at the police station you could have your driving privileges suspended for up to 120 days.
If you have been pulled over and charged with a DUI and refused the breathalyzer test please know you have rights. Our breathalyzer test refusal defense attorneys will fight tooth and nail to protect your rights and defend your driving privileges. They are very familiar with breathalyzer refusal laws across the nation including CA, TX, FL, OH, IL, MI, MN, MD, NV, NJ, NJ, DE, DC & PR.
DUI, DWI, OUI & OVI Defense Laws
Refusing a breathalyzer test in any state does not automatically mean you are hiding something or are guilty. The police need a legal reason and probable cause to stop you in the first place. This reason can be something such as speeding, swerving or inattentive driving. A skilled Breath Test Refusal Attorney can build a solid defense in court. Factors that should be taken into consideration should be confirming that the arresting office was qualified to administer the test. Proof of their qualification will be necessary in court.
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A DUI conviction can ultimately result in loss of license, costly fines, possible jail time and a blemished record. It can also result in increased insurance premiums and or being dropped by your insurance carrier. Since a DUI conviction, OUI conviction, DWI conviction or OVI conviction can impact your life so many levels it may make sense to consult with our DUI defense attorneys right away. They can be emailed by clicking here.
BAC Test Results & DUI Defense
When someone is pulled for a DUI, DWI, OUI, OWI or OVI there are a number of ways the police officers may attempt to determine if you are intoxicated should they have reason to suspect you are. Initial clues are via detecting an alcoholic odor, decreased motor skills and slurred speech. From there the police officer may ask you if you have been drinking. Your answer may further prompt them to ask you to submit to a breathalyzer test or, later on a direct blood test. Ultimately you may also be asked to submit to Field Sobriety Tests. Each of these tests has very specific legal procedures, protocols and guidelines that must be adhered to when administering the tests. Not adhering to these procedures may result in your DUI case being dismissed.
Breathalyzer Tests and DUI Defenses
Being pulled over for DUI and being given, and blowing above the legal limit of .08 on a breath test does not mean that you will be convicted of DUI. Having an attorney who is familiar with DUI Breath Test Defense can help your case immensely. They will know to try and uncover possible flaws in the test and mistakes that may have been made regarding how it was given.
Some issues regarding the accuracy of your breathalyzer test are:
Was test given properly by the arresting officer?
Was the officer who administered the test trained properly?
Was breath test device properly tested, maintained and calibrated?
Is there other irrefutable evidence that demonstrates that you were intoxicated?
A skilled DUI defense attorney will ask these and other relevant questions when defending your DUI case.
Contact Our DUI Defense Attorneys & DWI Lawyers
Our legal team has an in depth knowledge of breath test refusal laws. Retaining them is essential to the outcome of your case. Let our DWI defense attorneys protect your rights every step of the way. You can email our DUI defense lawyers by clicking here. With many years serving those accused of drunk driving across the country they will tenaciously attempt to minimize the negative consequences of your pending DUI, DWI, OUI and or OVI charges.