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What takes place if I reject a DUI breath test?
Attorney Franks: It sets off a chain of events that will certainly lead to suspension of your drivers license for 120 days. Department of Public Safety will send out a letter to the address on your vehicle drivers license within the first thirty days. After that you have ten days to file a request for a breath examination rejection hearing to figure out whether or not you in fact rejected a breath examination.
Can I be forced to take a test?
Lawyer Franks: You can not be compelled to take an examination on a conventional stop. You can if there's an accident and also somebody's hurt as they get a warrant to have your blood drawn. Yet usually if you were pulled over for an arbitrary traffic stop like changing lanes incorrectly they will typically offer you a portable breath examination. You can reject it and if the officer decides to take it further they'll drive you to the station. Then they will ask you again to take a breath test on the large Intoxilyzer device. If you reject the test at that time after that you have actually officially rejected the test. You have the option to reject.
Will it hurt my situation?
Lawyer Franks: Not always. Under certain scenarios it might aid your case because of statutory DUI law. If you blow over a .08 blood alcohol amount after that you are lawfully intoxicated. The cop has specific policies they have to follow and as soon as somebody blows .08 or above then as a DUI defense lawyer I start checking out whether the procedures were properly followed. If an individual does not take the breath examination then they cant simply state it was a statutory DUI. They need to prove a common law DUI and prove that you were physically impaired while driving your vehicle. Among the most usual methods of doing that is the field soberness test on the side of the roadway. Its the stroll the line hold one leg up and touch your nose. Those examinations are what they'll return to which can provide you a more powerful case in some circumstances.
Could I theoretically avoid a sentence by not taking a breath test?
Attorney Franks: In theory yes you can get out of a sentence by not taking the breath test. But that's only since the policeman has to show disability by utilizing something aside from the breath examination. If they can not confirm it by some other method after that you have a very good chance of being found innocent since DUIs bring the same burden of proof which is beyond a reasonable uncertainty. Its the states responsibility to confirm beyond a reasonable uncertainty that you were driving a car while screwed-up.
What are the charges?
Lawyer Franks: There's DUI refusal which means you declined to take the examination. DUI very first violation indicates this is your initial infraction. After that there's DUI 2nd infraction which means this is your 2nd DUI within a five-year period. Additionally there's DUI 3rd infraction which indicates this is your third DUI or more in a five-year amount of time. Lastly you have actually an aggravated DUI which is a felony. Aggravated DUI means you harmed somebody in a crash and you were drinking over the legal limits.
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