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What happens if I decline a DUI breath test?
Attorney Franks: It triggers a chain of events that will certainly bring about suspension of your vehicle drivers license for 120 days. Division of Public Safety and Security will send out a letter to the address on your vehicle drivers license within the very first 30 days. After that you have 10 days to submit a request for a breath examination rejection hearing to establish whether you actually declined a breath test.
Can I be required to take an examination?
Attorney Franks: You can not be compelled to take an examination on a typical pull over. You can if there's a mishap and somebody's harmed as they obtain a warrant to have your blood drawn. But generally if you were drawn over for a random stop like changing lanes improperly they will frequently offer you a mobile breath examination. You can reject it and if the police decides to take it further they'll take you to the station. Then they will ask you again to take a breath examination on the big Intoxilyzer machine. If you refuse the examination during that time then you have actually officially rejected the examination. You have the choice to decline.
Will it harm my case?
Lawyer Franks: Not always. Under certain situations it might help your situation because of statutory DUI regulations. If you blow over a .08 blood alcohol content then you are legitimately intoxicated. The cop has specific procedures they have to comply with and when someone registers .08 or above then as a DUI defense lawyer I begin exploring whether or not the procedures were correctly followed. If an individual does not take the breath test after that they can not simply state it was a statutory DUI. They have to prove a common law DUI and also prove that you were bodily screwed-up while driving your vehicle. Among the most common means of doing that is the field soberness test on the side of the road. Its the stroll the line hold one leg up and also touch your nose. Those examinations are what they'll revert to which can offer you a stronger court case in some situations.
Could I theoretically avoid a conviction by not submitting to a breath test?
Lawyer Franks: In theory yes you can get out of a sentence by not taking the breath test. But that's only because the officer has to show disability by utilizing something other than the breath test. If they cant confirm it by another technique after that you have an excellent possibility of being found innocent since DUIs bring the very same responsibility of proof which is beyond a reasonable uncertainty. Its the states responsibility to prove beyond a reasonable uncertainty that you were operating a vehicle while impaired.
What are the charges?
Attorney Franks: There's DUI refusal which means you rejected to take the test. DUI very first offense means this is your first offense. After that there's DUI second infraction which indicates this is your 2nd DUI within a five-year amount of time. Also there's DUI 3rd violation which indicates this is your 3rd DUI or even more in a five-year amount of time. Last but not least you have an aggravated DUI which is a felony. Aggravated DUI indicates you injured someone in an accident as well as you were consuming alcohol above the legal restrictions.
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