What Happens If You Refuse a DUI Breath Test?
Refusing a DUI test may be a good option only if you have not had alcohol at all, or have consumed a little amount of alcohol. If you happened to have a significant quantity of alcohol and are still refusing to take the test, you might want to think twice. There can be some major consequences following the refusal to take thebreathalyzer test altogether. It definitely does notworkto your advantage, most of the times.
Penalties To Refuse a Breathalyzer Test
Refusal to take the test might lead to some penalties such as imposition of a fine, license suspension, jail time and required use of a ignition interlock device. There could also be legal consequences to it and once your case is up for trial before the court, your refusal could work against you and the serve as a strong defense for the prosecution. Therefore, it is advisable to take the test in order to avoid further severe consequences that you might face.
Every state has an ‘implied consent’ law. Under this, all those individuals who drive are deemed to have given their consent to field sobriety and other such related tests which determine driving impairment. For instance, in the state of Ohio, a person who refuses to take an alcohol test gets his driving license suspended automatically. Now in such a situation, refusal to take the breathalyzer test may not turn out to be a wise option. Also, habitual or repeat offenders get a minimum of six day jail sentence on refusing to take the breath test.
Certain states in the USA have alternative tests such as the blood or urine tests for situations wherein the person refuses a breathalyzer test. The officer can quickly get a warrant issued in your name for conducting them. This results into an even more invasive procedure since the person shall also additionally face consequences resulting from refusal to take the breathalyzer test.However, if you do well on these tests, it will work in your favor and have a persuasive value on the jury to establish that you were not intoxicated, even if you might have been drinking. If you manage to perform well, it can lead to a reduction of charges through a plea bargain and may also finally set you free.
The Right To Remain Silent and DUI
The constitution vests a right to be silent and this can be used freely by you. However, DUI is an exception.Most of the states in America allow prosecutors and juries to make inferences on your refusal to take up any sobriety tests. An express breath test refusal might go against a defendant at the trial and this is one of those rare times that your right to be silent can be interpreted against you and commented upon, adversely.
Consult a Fresno Lawmen Advocate Today
Field sobriety tests and breath tests come in the way to the major constitutional rights of most people, as they have been unfortunately upheld by the courts and are legal. The best way to avoid such a situation is to just not take the risk of drunken driving altogether and avoid all of this. However, if you ever face a situation of having been charged with a DUI, the legal team at Fresno Lawmen in California are the right bunch of people to go to. The lawyers here have the required expertise and skill and shall make sure you get out of the DUI charge with ease and minimum penalty, if any. If you are stuck with a DUI charge, get your Fresno Lawmen appointment ASAP.