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What occurs if I reject a DUI breath examination?
Attorney Franks: It sets off a chain of events that will certainly cause suspension of your drivers license for 120 days. Division of Public Safety and Security will certainly send out a letter to the address on your drivers license within the very first month. After that you have ten days to submit an application for a breath test rejection hearing to figure out whether you really refused a breath examination.
Can I be required to take a test?
Attorney Franks: You can not be forced to take a test on a conventional pull over. You can if there's a mishap and somebody's hurt as they obtain a warrant to have your blood drawn. Yet normally if you were pulled over for a random stop like changing lanes improperly they will frequently offer you a portable breath examination. You can reject it and if the police decides to take it further they'll drive you to the station. Then they will certainly ask you once again to take a breath test on the big Intoxilyzer machine. If you reject the examination during that time then you have actually officially refused the test. You have the option to reject.
Will it hurt my situation?
Attorney Franks: Not always. Under specific conditions it may aid your situation because of statutory DUI law. If you blow over a .08 blood alcohol content after that you are lawfully drunk. The police officer has specific procedures they need to follow and once someone 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 just say it was a statutory DUI. They need to confirm a common law DUI as well as show that you were physically screwed-up while driving your auto. One of the most common methods of doing that is the field soberness examination on the side of the roadway. Its the walk the line hold one leg up and also touch your nose. Those examinations are what they'll go back to which can provide you a stronger case in some circumstances.
Could I theoretically get out of a conviction by not taking a breath test?
Attorney Franks: Theoretically yes you could get out of a conviction by not taking the breath test. But that's just because the policeman has to prove disability by using something apart from the breath examination. If they cant confirm it by another method after that you have a great chance of being found innocent due to the fact that DUIs carry the very same burden of proof which is past a reasonable doubt. Its the governments responsibility to show beyond a reasonable uncertainty that you were operating a car while screwed-up.
What are the indictments?
Attorney Franks: There's DUI rejection which indicates you refused to take the test. DUI first violation indicates this is your first infraction. Then there's DUI second offense which means this is your 2nd DUI within a five-year amount of time. Also there's DUI third offense which indicates this is your third DUI or even more in a five-year period. Last but not least you have actually an aggravated DUI which is a felony. Aggravated DUI means you injured someone in a crash and you were drinking above the legal limitations.
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