As most people are already fully aware of, DUI an DWI charges are a serious criminal offense in each state of the country for any driver who has been arrested. It is also a criminal offense to refuse to take a Breathalyzer or blood test, otherwise known as a DUI refusal offense, which carries the same mandatory state penalties as a person who took the tests and failed. However a person must still be found guilty of a DUI test refusal in court. As several recent news stories reported about why an attorney arrested for DUI refused sobriety tests, this is because most lawyers know that the police and prosecution’s best evidence to prove a DUI typically hangs on the test results.
Therefore even though there is still a risk of severe consequences if convicted for a DUI test refusal, without any test evidence available – a DUI case is extremely difficult to prove in court for a guilty conviction beyond a reasonable doubt. Many times when a person refuses to take the sobriety tests, the most serious DUI offense is dropped to a lesser charge, and when successful – will not have the same severe consequences or costs as a DUI conviction would.
Additionally, since a DUI conviction is on a person’s criminal record for life in 2022, a less serious offense can often be later expunged entirely whereas a DUI cannot in most states. Also, because there are often arrest mistakes made by officers or with the reason for the traffic stop in the first place, when those points can be successfully argued in court, even a DUI test refusal charge can get dismissed.
If a person is charged with a driving under the influence or a refusal related offense, having us examine the arrest details online can help provide ways for how to defend the charges which could lead to getting the case dropped.
How DUI Breathalyzer and Blood Test Refusal Lawyers Win Cases
Refusing to provide a breath or blood test sample when requested by an officer following a DUI or DWI arrest charge, the refusal will be considered a criminal offense, and treated virtually the same as a driver who took either of the chemical tests and had a blood alcohol content (BAC) level over the legal limit of .08 BAC. While these type of DUI arrests can seem straightforward, in that a person either takes the test or refuses – there still could be other legal facts, or even medical and technical issues which could result in getting the charges dismissed or lowered to a less serious offense in court.
When fighting to beat a DUI charge effectively, the lawyers who review the arrest information submitted online to us represent people who have been charged with refusing to provide a breath or blood test sample, refusing to take the roadside field sobriety tests, and those who took the Breathalyzer or blood DUI tests and had results reading over the legal limit.
Our best local DUI defense lawyers have the experience, knowledge and determination needed to succeed in these cases, and they have achieved positive outcomes in even the most complicated and complex cases. We are here to provide drivers dealing with a DUI charge know exactly what defense options they may have available, and know what to expect at every stage of the DUI legal process.
As with fighting all DUI and DWI charges, a test refusal offense is an extremely complicated and specialized area of law that will require a great deal of experience and knowledge to understand what the issues may be as it relates to a driver’s arrest details and case in general. These are few common defenses that could dismiss a DUI or refusal charge:
- Can the prosecution prove the person was actually driving the vehicle at the time of the suspected DUI offense?
- Was there an intention to drive the car, or for example, was a person asleep in a car that was not running?
- Were the the Breathalyzer and blood test devices used maintained and in working order according to law?
- Were the breath and blood test machines in proper working order and maintained in accordance with the manufacturer specifications of the device?
- Did the arresting police officer request a DUI/DWI Breathalyzer or blood test as soon as possible after the traffic stop?
- Were there any constitutional violations when attempting to get a test sample or at any other point during the arrest process or traffic stop?
- Was the person detained in excess of what they ought to have been in the circumstances?
- Do the police officers observations made prove beyond a reasonable doubt that a driver was under the influence of alcohol, illegal drugs, or prescription medicine?
- Under the new state laws to establish DUI and DWI involving drugs or medication, does the evidence or lack thereof meet sufficient standards to prove a DUI beyond a reasonable doubt?
As previously mentioned, this is only a small number of examples of the ways and questions an attorney will review an arrest with us and be able to examine the details of what happened on order to best defend a DUI and DWI offense charge that a driver may be facing. Even though it is a person’s right to to defend themselves in court, a person who tries to fight a DUI charge on their own which is almost always technical and complicated, it generally does not end up in a positive outcome without having proper professional DUI help on their side.
6 Ways How to Defend Against DUI and Test Refusal Charges Each Step of the Way
When a driver gets charged with a DUI refusal to provide a breath or blood test sample, there may be one or more legal issues regarding the reason for getting pulled over in the first place or with the arrest itself, that could produce a good result for anyone facing this type of DUI or DWI offense situation. Once a person can submit their arrest information to us online to carefully review, Breathalyzer and blood test refusal lawyers will analyzer every detail of what exactly occurred.
This action by a specialist DUI attorney is to find the best possible defense strategies to win a case. Another crucial reason a thorough DUI arrest review is so important, is because any statements made by the police or other video evidence that can be obtained – may reveal issues that could result in a dismissal of the charges. Some of the most common ways a DUI or DWI can get dismissed include:
- A denial of driver’s constitutional rights – which can include the rights to a lawyer when it’s requested, and even translation services when a driver does not speak fluent English.
- A medical defense is a strong one, since conditions such as limited lung capacity or psychological issues, are valid reasons why a person may not be able to take the test properly.
- If the person operating the Breathalyzer test machine is not trained properly or qualified to do so.
- When the police to not test a driver for DUI in a prompt manner after detaining a driver.
- Failure of the police to offer a driver a final chance to take a breath or blood test
- Lack of reasonable cause for the police to have stopped a driver in the first place.
What Happens and are the Penalties for Refusing to Take a Breathalyzer Test?
Nationwide, the individual state penalties for refusing to take a breath or Breathalyzer test when an officer requests that a driver perform one, can have severe consequences if convicted of the DUI or DWI refusal charges. Some of the most common penalties will include mandatory fines, a driver’s license will get suspended for at least 1 year, mandatory DUI school classes and/or counseling, having to get an Ignition Interlock device installed on any car driven for up to 2 years, and high auto insurance rates for the first 5 years after a first DUI offense conviction or guilty plea. On top of those costs and consequences under the strict new laws passed in every state, a person who is convicted of DUI or DWI a criminal record for life, that can be found in any standard background check in the future.
A person truly can’t afford taking the chance on anything less than strong and effective legal help. The local DUI lawyers who examine a driver’s arrest details submitted online to us, will help to find the best options for fighting a DUI refusal case and be able to discuss the chances for the best possible ways how to beat a DUI in even the most complex situations.
A person who drives any motor vehicle while under the influence of alcohol, Marijuana, illegal drugs, or even some prescribed medicine is a serious criminal offense in each state of the country. What is often as equally as serious of an offense, is what happens when a driver gets arrested and charged for a DUI or DWI test refusal offense at the roadside during the traffic stop, or later at the police station during the arrest.
When a driver pleads guilty or gets convicted of a either a first DUI offense or Breathalyzer refusal charge, even when they may have no prior criminal record, a driver’s license will automatically be suspended in many cases for one year or more on average, as well as having to pay high court fines and legal fees.
Second or third DUI offense convictions or for test refusal charges, with how strict the new DUI laws are – minimum sentences often will result in mandatory jail time, having to get an Ignition Interlock installed on any car driven for several years, and a longer length of time for the driver’s license suspension period.
It is important to note that a DUI refusal conviction or guilty plea will also result in a permanent criminal record. Having a DUI or DWI on a record for life will carry a series of severe negative consequences for a driver’s personal and professional life for years to come, especially with how often background checks are performed today with employment and even other personal reasons. What also happens after a DUI refusal conviction, is high car insurance costs for an average of 5 years afterwards is nearly in the future is nearly certain.
What Happens if I Just Plead Guilty to DUI/DWI or Refusing to Take a Breath or Blood Tests?
Some people may falsely believe that a DUI or test refusal offense charge is not a serious criminal matter, and will be treated more like an expensive traffic ticket. This assumption however is a major mistake. Although a DUI/DWI generally may not have the same sort of strong negative stigma as other types of criminal offenses, DUI and DWI charges will still carry serious costs and penalties which are often have even more long-term consequences as other well-known and obvious criminal offenses.
Whether a driver facing realizes it or not, an arrest for driving under the influence, and laws for refusing to take the breath or blood test, both will be considered a criminal offense that if a person is convicted or pleads guilty to the charges – it will result in a lifetime criminal record. However by taking the proper action of having us examine a DUI arrest in enough time, it could very well prevent the negative consequences of getting convicted from ever happening.
A DUI and refusal offense guilty plea will also carry some very unique and severe consequences on a person’s life, much more serious than any ordinary traffic violation. The most significant for most people is losing a driver’s license with a suspension time of 1 year on average for a first-time offense. With the new laws now in effect, having to get and install an Ignition Interlock device on any car driven, even for work or a company car, will make keeping employment much more difficult as well.
One of the longer lasting penalties is the high increases in auto insurance rates, that typically will last 5 years after pleading guilty or convicted to a first DUI or test refusal offense. It is also worth mentioning that many insurance companies will outright refuse to insure a driver who has a DUI on their record, which then can leave a driver with little choice but to pay the high rates and fees for being labeled a “high risk driver” with the limited number of insurance companies that will offer them coverage.
Why it is in a Driver’s Best Interest to Have a DUI or DWI Arrest Reviewed by a Lawyer Before Doing Anything
For the majority of drivers who are arrested and charged with DUI, DWI, or a test refusal offense, the collective long-term effects and costs of a conviction will far outweigh the immediate legal fees they are dealing with. As mentioned before, when a person enters a guilty plea for either a DUI/DWI or refusing to take breath or blood sobriety tests, car insurance costs will skyrocket for 5 years afterwards, a license will be suspended for one year on average, and an Ignition Interlock device will most likely be required as well.
These consequences for pleading guilty or getting convicted for a DUI refusal will come with considerable expense and major inconvenience to any driver that needs to depend on driving for work, as well as daily life reasons.
Fortunately as the previously mentioned recent news story highlights about why a lawyer arrested for DUI charges chose to refuse taking the sobriety tests, it is very important to increasing the chances of winning a case by not pleading guilty until a person knows whether there is a strong defense strategy that will apply to the case.
This is precisely what taking advantage of the free online arrest review will provide anyone who is currently fighting DUI/DWI or Breathalyzer test refusal charges for the best possible outcome by getting the proper help in enough time.
Taryn J. White is a legal research specialist and DUI law news reporter. Her current accomplishments include helping those facing any driving under the influence arrest charges, get free online assistance in learning how to fight a DUI case for the best possible outcome.