DUI Defense Lawyer

DUI Defense Lawyer

Rely on DUI Defense Lawyer Franks.

What takes place if I refuse a DUI breath test?

Lawyer Franks: It triggers a chain of events that will lead to suspension of your drivers license for 120 days. Division of Public Safety will send out a letter to the address on your vehicle drivers license within the very first 30 days. Then you have 10 days to submit a request for a breath test rejection hearing to identify whether you really rejected a breath test.

Can I be forced to take an examination?

Attorney Franks: You can not be required to take a test on a standard stop. You can if there's a crash and also someones hurt as they get a warrant to have your blood drawn. However normally if you were pulled over for a random stop like changing lanes incorrectly they will usually supply you a portable breath test. You can refuse it and if the police decides to take it further they'll drive you to the station. Then they will ask you once again to submit to a breath examination on the big Intoxilyzer machine. If you decline the test during that time then you have actually officially rejected the examination. You have the choice to reject.

Will it hurt my situation?

Lawyer Franks: Not necessarily. Under certain conditions it may aid your case due to statutory DUI law. If you blow above a .08 blood alcohol content after that you are legally drunk. The police officer has specific procedures they have to follow and as soon as somebody blows .08 or above then as a DUI defense lawyer I begin looking into whether or not the procedures were appropriately adhered to. If a person does not take the breath examination then they cant just say it was a statutory DUI. They have to show a common law DUI as well as show that you were physically impaired while operating your car. One of the most common ways of doing that is the field sobriety test on the side of the road. Its the walk the line hold one leg up and also touch your nose. Those tests are what they'll return to which can provide you a more powerful case in some circumstances.

Could I in theory avoid a sentence by not submitting to a breath examination?

Lawyer Franks: In theory yes you could get out of a sentence by not taking the breath test. Yet that's just since the policeman needs to show impairment by utilizing something apart from the breath test. If they cant prove it by another method then you have an excellent chance of being found innocent since DUIs bring the very same responsibility of proof which is beyond a reasonable uncertainty. Its the governments responsibility to verify beyond a reasonable doubt that you were operating an auto while screwed-up.

What are the charges?

Attorney Franks: There's DUI rejection which means you declined to take the examination. DUI first offense means this is your very first infraction. After that there's DUI second violation which indicates this is your 2nd DUI within a five-year period. Likewise there's DUI third violation 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 someone in an accident and you were consuming alcohol above the legal restrictions.