In order to understand what to do in ways how to beat a DUI refusal case, you must first know why a refusal case is treated differently. If a driver is arrested for driving under the influence, the DUI refusal sets off a negative set of chain-reactive administrative sanctions. The courts and the prosecution have come up with sanctions in order to intimidate or coerce drivers the officers believe to be under the influence, in such a way as to not using your rights under the constitution. By refusing the DUI sobriety tests, and the police having no tangible evidence of urine, blood, breath, sweat, etc., the prosecutors have a much harder, if not impossible job of trying to prove a DUI by traditional means, such as walking, talking, counting, etc., that the driver was allegedly impaired. That can usually lead to a dismissal of DUI charges, but hefty penalties via administrative sanctions still may remain. Therefore, it is even the more imperative that you know information of possibilities how to fight a DUI refusal charge by having your arrest details examined online free through us, because a DUI refusal case can lead to a variey of consequences that can be life-altering for defendants.
How might a prosecutor use a DUI refusal to submit to a blood test?
Police Officers, and prosecutors, view a DUI refusal as a probable sign of guilt or mental-impairment due to over-consumption of alcoholic beverages which they think the driver has ingested. This biased viewpoint is not evidence, nor is it proof of any wrongdoing on the driver’s part. A skilled DUI attorney after reviewing your arrest details, can help show you exactly how to fight this or potentially beat DUI refusal charges by an outright dismissal of the case, on one or more of several factors when they apply to your case. For example, if you did not actually and expressly refuse, yet are being charged with an “implied refusal”, then an experienced specialist attorney after reviewing your arrest details, may help how to fight a DUI refusal case. Implied refusals allow for several different defenses, and there are methods available of what to do in how to make a motion to exclude them from either/both evidentiary hearings and/or court proceedings.
The Administrative Side of A Refusal DUI Case
One of the many benefits our free online examination of your arrest details provides, is to help you by knowing how to interact and interface between a qualified DUI attorney and help in possible ways how to win based on your details at the administratively license hearing. It is important to note that drivers have a limited amount of days following the date of their DUI refusal arrest to petition the court for a formal review hearing. By NOT contesting the suspension, the state can and will suspend your license. However, after having your arrest circumstances reviewed and then with the help of your qualified lawyer, you can learn the possible tactical options of how to beat a DUI refusal case based upon any/all legal grounds necessary, and how to argue that (1) you never actually refused the DUI tests or that (2) you were confused by the dual readings of Miranda Rights and DUI refusal notice. By taking advantage of our free online examination of your particular arrest done by a skilled DUI attorney from your area, it can assist with information on what to do that could help protect your driver’s license, and avoid further penalties on both the administrative and the criminal sides of the law.
Some factors to keep in mind when fighting to beat a DUI refusal case, in many states when you refuse to take a DUI breath, blood, or urine test, then you cannot be forced to do so. However there could be exceptions in certain circumstances, and since each DUI arrest is unique in what happened, it is very important to make sure your arrest details can be carefully examined to find possible DUI/DWI defense strategies on potential ways how to fight to beat a DUI refusal case. A police officer can order a test without asking you first if you are involved in an accident that causes property damage, serious injury, or death, even if you are rendered unconscious. Also, if you have a prior DUI refusal on your record, then it is possible the officer could get a warrant for a blood test to be taken. In every state throughout the country, time is a critical factor in fighting to beat and win a DUI refusal arrest case. By knowing what to do for a DUI refusal offense charge and what actions to take next, we are here to help you get started in the right direction fighting to beat DUI/DWI refusal charges, and find all possible ways based on your arrest details of what to do for ways how to fight to beat a DUI refusal in Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.