dwi always refuse to take a breathalyzer
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Why You Should Always Refuse the Breathalyzer Test When Pulled Over for Suspected DUI
Getting pulled over for suspected drunk driving is scary. The flashing lights in your rearview mirror make your heart race. You start sweating as the officer approaches your window. He asks you if you’ve been drinking and to step out of the car. Your mind races – should you comply with the field sobriety tests? What about the breathalyzer?
It’s a natural reaction to want to cooperate fully with law enforcement. You don’t want to anger the officer or seem uncooperative. However, when it comes to DUI investigations, cooperating fully can hurt you. That’s why you should always politely refuse both the field sobriety tests and the breathalyzer test.
Why Refuse Field Sobriety Tests?
Standardized field sobriety tests (SFSTs) like the walk-and-turn and the one-leg stand are difficult for sober people! They require coordination, balance, and the ability to follow instructions precisely. Nerves and medical conditions like back injuries can also throw off your performance.
Failing the SFSTs gives the officer reason to believe you’re impaired. Evidence of poor performance can then be used against you in court. However, you have the right to refuse these tests in every state. Exercising that right cannot legally be held against you in court.
So politely decline to do the SFSTs if asked. You can simply say, “Officer, I apologize but I do not feel comfortable doing the field tests today.” This preserves your rights without angering the officer.
Why Refuse the Breathalyzer?
Breathalyzer tests seem straightforward – just blow into a tube and it reads your blood alcohol level. But these machines are far from infallible. Their results can be thrown off by:
- Improper calibration
- Contamination
- Medical conditions like diabetes and acid reflux
- Mouth alcohol from burping or vomiting
Because of these issues, many breathalyzer results are inaccurate. The machines may falsely flag sober drivers or underestimate the intoxication of impaired drivers.
Yet despite these flaws, courts and officers treat breathalyzers as reliable. So refusing to take one prevents the state from obtaining potentially faulty evidence against you. Without that reading, the state must prove impairment through less technical means.
The Consequences of Refusal
Refusing the breathalyzer comes with penalties in every state. Typically, refusing results in automatic driver’s license suspension. The length of suspension varies by state, ranging from several months to a year in most places. Your license can still be suspended if you fail the breath test too.
Some states also charge higher fines or even jail time for test refusal. And prosecutors can bring up your refusal at trial to cast suspicion on you. Judges may instruct juries that they can consider refusal as potential evidence of guilt.
These consequences are steep. But an inaccurate breathalyzer reading could lead to a wrongful conviction and a criminal record that derails your life. Compared to that risk, most drivers gladly accept the penalties for refusal.
Making the Refusal
Don’t just blurt out “I refuse” when asked to do SFSTs or the breathalyzer. That may come across as belligerent. Instead, calmly and politely tell the officer you cannot perform the tests or provide a breath sample at this time.
You can also declare that you will need to speak with an attorney before consenting to any tests. This shows you’re exercising your rights in an orderly way. Just don’t get into an argument with the officer.
Seeking Legal Help
Being charged with DUI is scary regardless of whether you refused testing or not. The costs for fines, classes, and license reinstatement can easily exceed $10,000. And some states impose jail time even for first offenses.
Don’t go through this alone. An experienced DUI defense attorney can help minimize the penalties and even get charges reduced or dismissed. There are often flaws in how the officer conducted the investigation or administered tests.
A lawyer may also be able to get your license suspension shortened or waived. This helps maintain your driving privileges and avoid problems with your employer.
Don’t take chances when dealing with a DUI charge. Politely refusing the tests is wise, but it’s still critical to consult an attorney as soon as possible after your arrest.
With an attorney’s help, you can move past this incident with the least disruption to your life. It’s scary being pulled over for DUI, but knowing your rights makes the process less intimidating.