DUI Defense Lawyers
What occurs if I reject a DUI breath test?
Attorney Franks: It sets off a chain of events that will result in suspension of your motorists license for 120 days. Division of Public Safety will certainly send a letter to the address on your drivers license within the initial 30 days. Then you have 10 days to file a petition for a breath test refusal hearing to identify whether you in fact refused a breath test.
Can I be forced to take a test?
Lawyer Franks: You can not be required to take a test on a typical pull over. You can if there's a crash and someones injured as they obtain a warrant to have your blood taken. Yet usually if you were pulled over for a random stop like changing lanes improperly they will commonly offer you a mobile breath examination. You can refuse it and if the police officer chooses to take it another step they'll take you to the station. Then they will certainly ask you once again to submit to a breath test on the large Intoxilyzer machine. If you reject the test during that time then you have actually officially declined the test. You have the option to refuse.
Will it hurt my case?
Attorney Franks: Not always. Under certain conditions it may help your case as a result of statutory DUI law. If you blow above a .08 blood alcohol content then you are legally intoxicated. The cop has specific policies they have to comply with and when someone registers .08 or above then as a DUI defense lawyer I start looking into whether or not the procedures were properly complied with. If a person does not take the breath test then they cant simply say it was a statutory DUI. They need to verify a common law DUI and also show that you were physically screwed-up while driving your auto. One of the most usual means of doing that is the field soberness examination on the side of the road. Its the walk the line hold one leg up and also touch your nose. Those examinations are what theyll return to which can provide you a more powerful case in some situations.
Could I in theory get out of a conviction by not taking a breath test?
Lawyer Franks: In theory yes you can avoid a conviction by not taking the breath examination. But that's just due to the fact that the police officer needs to prove disability by utilizing something other than the breath test. If they can not show it by another technique after that you have a very good possibility of being found innocent since DUIs carry the same responsibility of proof which is beyond a reasonable uncertainty. Its the governments responsibility to confirm beyond a reasonable doubt that you were operating an automobile while screwed-up.
What are the charges?
Attorney Franks: There's DUI rejection which indicates you refused to take the examination. DUI first offense indicates this is your initial infraction. Then there's DUI second offense which indicates this is your 2nd DUI within a five-year amount of time. Additionally there's DUI 3rd infraction which indicates this is your 3rd DUI or even more in a 5-year period. Last but not least you have actually an aggravated DUI which is a felony. Aggravated DUI means you hurt somebody in an accident as well as you were consuming alcohol over the legal restrictions.