Refusal to Submit to an Alcohol Test Can Result in an Acquittal of DUI or DWI
Do DUIS ever get dismissed if you refuse the tests? Yes, when a driver refuses breath or blood tests for DUI, this creates a significant lack of evidence for the prosecution which greatly increases odds of a case getting dismissed in court.
In order to understand what to do for legal ways how to beat a DUI refusal case under the new law, you must first know why a BAC testing refusal case is treated differently and what the penalty is for this offense as it applies to your own specific situation.
Just as importantly is how to get out of a refusal offense quickly to avoid costs from this misdemeanor, with the proper help of specialists in this often technical field of law. Utilizing expert free online legal help analyzing a driver’s DUI/DWI arrest for the best defense tactic to use in time, a refusal to submit to an alcohol test can result in an acquittal in court.
- Review Why Refusing Breathalyzer Tests is Often the Best Defense to Get a DUI Case Dismissed
- Is It Legal To Make Somebody Do A Field Sobriety Test?
- How Might A Prosecutor Use A DUI Refusal To Submit To A Blood Test?
- What Is The Penalty That Happens If I Refuse To Take The DUI Tests Or Breathalyzer?
- What Are Other Consequences To Expect For A DUI Refusal Offense?
- How To Fight Refusing Breath Test Charges In Court
- The Administrative Side Of A Test Refusal DUI, DWI Case
Even when a driver refused to take a chemical test of breath, blood or urine, the particular facts of your arrest may show the reason for refusal was not because you believed you were intoxicated but because of some other reason, such as a medical issue for example. If you believe that the refusal offense in your case was inaccurate or a wrongful charge for other legal technicality reasons, special test refusal defenses may apply to your case.
Furthermore, an arrest review will focus on particular factors that can be used as defenses for women charged with DUI and test refusal charges. Compounding the disadvantage that a female driver may face during a DUI, DWI traffic stop is the fact that women may react different to high stress situations than their male counterparts, especially alone and late at night.
Both men and women alike, are likely to become overcome with anxiety during this unexpected ordeal, and not properly be understanding their rights about refusing the breath or blood tests. An online arrest review will help ensure that all of a person’s legal rights are protected. Taking this action will also identify any test procedure mistakes by the police officers, which is often one of the top ways a refusal to blow case will get thrown out in court.
Can I refuse a Breathalyzer Test?
Yes, you can legally refuse to take a breath test, since in most cases agreeing to do a breathalyzer can only hurt you. Even if you blow a completely clean BAC, the officer can still use his “professional” judgement to say he feels you are impaired by alcohol or high, and you end up in jail at least overnight. If you do take a breathalyzer and blow a high BAC, that breath test evidence will certainly be used against your case in court. Police can’t force you to do the breathalyzer, however 2020 refusal laws in each state have ruled that police can take away your license as a consequence if you refuse.
What you should do is state that you are not refusing the breathalyzer until you talk with a lawyer first, and that any test you take will only be for the professional grade breathalyzer machine which has been properly calibrated at the police station, or you want a more accurate blood test at a hospital. Even though police will almost always arrest you if you refuse a breathalyzer on reasonable suspicion (you look impaired/smell of alcohol or Marijuana) but unless they have probable cause, the prosecutor won’t be able to convict assuming you have a good DUI lawyer to find all the legal technicalities that often occur in a refusal case.
A refusal defense fact to keep in mind – there is one thing in common you may notice whenever there is a news report of a judge, police officer, or attorney getting arrested for DUI – they all will always refuse the breath test almost every single time. The reason they all refuse taking tests is because these legal experts have the inside experience to know better than anyone that without breath or chemical test results as BAC evidence, the most serious criminal DUI will charges will have the best chances of getting dismissed fairly quickly when it goes to court.
Do I need a lawyer to defend me on my hearing for refusing a blood sample for DUI? Yes, a driver will absolutely still need a top DUI, DWI attorney nearby who has a good track record winning refusal cases of blood and breath tests in court.
Even when a person has an initial edge to win a DUI case by refusing chemical tests, an individual must know how to avoid hiring a bad lawyer for a DUI refusal offense to ensure the best defense and case outcome still happens.
Review Why Refusing Breathalyzer Tests is Often the Best Defense to Get a DUI Case Dismissed
If you refused the chemical breath and blood tests during a DUI, DWI arrest, the good news is you will have the best chances of winning the criminal court case to get charges dropped or the case dismissed. The criminal case is always the most important part to defeat, since the consequences if convicted will last the longest.
The bad news is by refusing the BAC tests, the penalties under new 2020 laws mean that your license is more likely to still get suspended for a period of time unless a legal technicality defense or other valid DMV suspension defense can be uncovered before the administrative license hearing. However, since police often get overzealous and even angry when someone refuses a breathalyzer, it is very common they make critical legal technicality errors in their arrest paperwork or police report.
In all cases won where a sobriety test was refused, it was because a driver was able to identify the proper legal technicality defense early on regarding their DUI, DWI arrest procedure or police report errors.
Even a mistake that sounds as simple as not properly documenting the time a person refused to take the breath test, can get a DUI, DWI refusal case thrown out of court. Just as the 2020 DUI refusal laws have gotten more strict for drivers, the laws are just as stringent with how police must follow protocol by the book. When an arrest review can find these types of defenses in time, it is the key to save a license from getting suspended for refusing breathalyzer tests.
The reason a person is likely to win the court case if they refuse the tests, is because a DUI, DWI case most often hinges upon the chemical test results as being the best evidence in the prosecution’s case against a driver.
Police know this fact as well. This is why once a driver refuses, it is not uncommon the officers suddenly get an attitude and try every trick in the book to intimidate a driver into submitting to a breathalyzer or blood test. They will tell a person all the horrible consequences that will happen, etc., and sometimes even try the good cop, bad cop routine at the station trying to convince a driver that taking the breath test is in their best interest.
It is always important to remember that police can only charge people with a crime, and they are not the judge who carries out any sentence of what will happen later on in court. One thing to always keep in mind if you ever find yourself in this situation again, is that once a person is under arrest, the police officer’s only goal is to gather as much evidence as possible to prove a case.
Even when some officers try the calm approach pretending to be your friend and say they are trying to help you, providing them more evidence without talking to a lawyer first is never going to benefit anyone under arrest. It is all police officers job to prove a DUI case, not arrest someone and then immediately try to help the driver exonerate themselves.
Since this is a highly stressful situation for people, it is understandable many individuals are confused at the time and want to believe that giving the officers whatever they want is going to help themselves get out of trouble.
Fortunately, an arrest review can begin the process of fighting to undo mistakes made and also identify the best breathalyzer refusal defense that works based on a person’s own specific arrest situation.
Is it legal to make somebody do a field sobriety test?
No, a driver has the right to refuse any of the roadside tests. While it is entirely legal for a police officer to request that a driver submit to field sobriety tests (FSTs), it is also a driver’s right to refuse FSTs. An individual cannot be legally forced into taking the FST at a checkpoint or during roadside testing after a traffic stop.
Moreover, it is also a person’s right to refuse to take a chemical breath or blood test as well. However, when refusing to blow for a breath test, it will result in test refusal charge that if convicted, will carry the same penalties as a DUI, DWI offense. The only exception for when police can forcibly take a person’s BAC reading after refusing, is with a warrant, and it’s most often done through a blood test.
Successfully challenging and dismissing a refusal to blow case, is approached by other means than in the ways how blood alcohol content cases are cleared in court. The biggest way they are still alike in defending against the charges however, is utilizing legal techniques and methods to counteract the arrest itself as early as possible before the first court date. This is how most drivers who have their license saved from suspension at their first DMV administrative hearing which happens only a few days after the arrest, are able to accomplish this positive outcome from the start.
If a driver is arrested for driving under the influence of alcohol, Marijuana, or other drugs, the DUI test 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. However, the odds of getting out of charges is higher without a breath test using our free help to advise you.
Many drivers ask us the question “if you refuse to take a Breathalyzer test, how long is your license suspended for?” The answer is what a convicted offender can expect to happen, is having a driver’s license suspension for the same length of time as if they had taken the breath test and failed by blowing over the .08 BAC legal limit. The average length of time of losing a license is for a period of 1 to 3 years following a first-time offense guilty plea or conviction in court. The punishment of having a suspended license can be prevented when we can show you how to get your license back at the DMV hearing which takes places only days after a DUI-related charge, which includes arrests for declining a Breathalyzer.
However on the positive side of refusing to take the BAC sobriety tests, the police will have no tangible evidence of urine, blood, breath, sweat, etc., and consequently the prosecutor has a much harder, if not impossible job of being able to prove a DUI by traditional means, such as walking, talking, counting, etc., that the driver was allegedly intoxicated. That can usually lead to a dismissal of the most serious criminal charges in court, but hefty penalties via administrative sanctions with a suspended driver’s license still may remain in some cases.
Therefore, it is even the more imperative that you know information of case-specific legal technicalities how to fight a DUI test refusal charge to get cleared by having your arrest details thoroughly reviewed online free through us. How soon a driver acts for their defense is vital for the chances of success in the case, because what the penalty is for a DUI refusal conviction can lead to a variety of consequences that is negatively life-altering for most people.
After an arrest review can determine legal technicalities to make the police officer’s report lose credibility, a driver can get out of a charge for refusing breath and/or blood test during a DUI stop. At a person’s court date, expert DUI lawyers will know how to prevent unreliable officer testimony or improper police paperwork from being accepted by a judge. The information learned from an arrest review is the necessary step any attorney you hire will need to win a case when a driver chose to refuse a chemical test.
How might a prosecutor use a DUI refusal to submit to a blood test?
It is important that every driver realizes if you refuse to take a blood, urine, or breath test, you will automatically have a suspended license if convicted of the offense under the new DUI and DWI laws. This is where we come in to help by preventing a guilty plea or conviction, and therefore avoid the consequences. Police Officers, and prosecutors, view a BAC test 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 with us after reviewing your arrest details, can help show you exactly how to fight this or potentially beat DUI blood test 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.
What is the Penalty That Happens If I Refuse to Take the DUI Tests or Breathalyzer?
One of the most common question a driver has after getting charged with a DUI or DWI refusal offense is “what are the consequences if I refuse to take the Breathalyzer or DUI tests when a police officer asks me to?” While there are a number of strong potential defense options available to fight the charges successfully, what will happen for the consequences of a conviction for a Breathalyzer or blood test refusal are a lot harsher than many drivers might realize. Even for a guilty plea or conviction of a first offense for refusing a Breathalyzer test, it is not uncommon to expect a fine of $1,200 and having a suspended driver’s license for 6 months on average.
The charge ‘refusal to blow’ or ‘test refusal’ is still a serious offense in each state of the country, that will carry strict penalties and expensive costs under what the new DUI laws are for refusing the BAC tests. Unless a driver has a good excuse for refusing such as a valid health reason, a person is expected to submit to a Breathalyzer test if asked to do so by a police officer after getting pulled over in a traffic stop.
While a driver still usually has a right to not take the test, many people think that if you refuse to take the breath test that they will be able to avoid a DUI charge. However this is not always the case at all. If a driver gets convicted of a test refusal offense, many times it can result in a person getting the same charges as if they were convicted of driving under the influence or DWI. If that happens, not only will a driver have to pay high fines, they will also lose a drivers license with a suspension either way.
Not many people realize that when a driver chooses to refuse to blow, they will end up in the nearly exact same situation as if they had been charged with a DUI after failing the Breathalyzer or blood tests. Therefore for any driver who has recently found themselves fighting these serious charges, letting us review the arrest details of what happened could make all the difference in finding the best defense strategies in enough time to get the refusing to take the DUI tests charges dropped.
What are Other Consequences to Expect for a DUI Refusal Offense?
The penalty for refusing a Breathalyzer test in every state is the nearly the same as if the driver took the test and blew over the legal limit of .08 BAC, under what the current DUI laws are nationwide. The offense for refusing a DUI tests such as the Breathalyzer or blood test will often result in the following 7 penalties which include:
- Having a suspended driver’s license for 6 months to 1 year for a first offense charge.
- A permanent criminal record for life.
- Fines that cost an average of $1,400.
- Car insurance increase of thousands of dollars per year for the next 5 years.
- Mandatory alcohol and DUI classes.
- Needing to get an Ignition Interlock device installed in order to get a license back.
- Paying all the costs to reinstate a drivers license after a DUI breath test refusal charge conviction.
Refusing to take a chemical test when instructed to do so by a police officer will result in getting arrested for a test refusal charge. However, consequences of this type of offense for breath or blood test refusal can most often be challenged and dismissed when a valid case-specific defense based on the traffic stop or police paperwork technicality is used early as possible after an arrest.
How to Fight Refusing Breath Test Charges in Court
No matter what the situation was during the arrest or how bad it may first seem afterwards, the police do make mistakes and they don’t win every DUI or DWI case. There are a number of ways how to fight charges for refusing a breath test that can win a case. This is also because after a local DUI lawyer can examine the arrest details online with us to find options, many times there is a strong defense, a plea bargain to a lesser offense, or other legal strategies to use other than being found guilty of refusing a breath test and losing a driver’s license.
When a driver submits the arrest details of what happened with us, a skilled and local attorney with the essential experience necessary to fight and beat a refusing a breath test charge, will discuss all the variety of ways they can help to win the case. One of the first things many lawyers will remind their clients of, is just because the police have arrested and charged you with refusing a breath test – it does not mean you will be found guilty of the offense.
Although a refusing to take a breath test charge may at first seem pretty straight-forward in that the driver either “did or did not take the Breathalyzer test,” there are both technical and legal issues under the DUI law that the police and prosecution must have to prove and successfully convict a driver of this type of refusal offense.
It is a driver’s right to have a judge hear the case and make an impartial decision based upon the facts of the test refusal case. Only the judge will decide if the arresting officer or other police did everything properly under what the strict laws and guidelines are for giving DUI tests, and did the driver have a valid reason as to why they didn’t or were unable to take the breath test when asked to do so.
It is important for any person currently combating a charge for refusing to take the DUI tests to realize, that the police have a legal responsibility to ensure that when they ask a driver to take a breath test, that the person understands what they are required to do, and the consequences of what will happen for a test refusal if they do not comply.
In the DUI or DWI cases when these rules & laws are not followed properly by police, such as if a driver did not fully understand how to follow the instructions of the tests, or the police did not explain properly or give the driver a reasonable opportunity to take the Breathalyzer test – then this information may become a valid and strong defense to use and fight and get out of the refusal charge in court.
The defense lawyers who will review arrest information online with us, have the expertise necessary for what to do for how to properly fight test refusal charges involving Breathalyzer or blood tests. They will have the experience and up to date knowledge of the current laws for refusing to take the BAC tests, and know exactly what to do for how to challenge the charges to win against this type of refusing the breath test offense.
The Administrative Side of a Test Refusal DUI, DWI 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 get refusal charges dropped 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 win this type of 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 driver’s arrest is unique in what happened, it is very important to make sure your arrest details can be carefully examined to find possible defense strategies on potential ways how to attack and throw out a sobriety testing 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 or DWI offense 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 get out of and win a BAC testing refusal arrest case. It is essential knowing what is the penalty for refusing to take a breath or blood test offense charge, and which legal actions to take next to clear it in court. We are here to help you get started in the right direction fighting to dismiss or drop these type of charges.
We review all possible defense options within your arrest details for what will happen next fighting a DUI or DWI test refusal offense. Utilizing the best arrest-specific legal defense methods in time is how to get out of and 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.
No matter what a police officer may have told a driver about having no chance to win or having a driver’s license suspended, a refusal to submit to an alcohol test can result in an acquittal with the right legal help in time before court. There are definitive legal techniques required how to win DUI refusal case scenarios for each person’s own unique arrest situation. After looking at each driver’s individual circumstance, we utilize the proper legal methods for ways to get a case dismissed or charges reduced to something far less serious than refusing to blow.
How to Get DUI, DWI Refusal Dismissed?
A refusal to submit to an alcohol test can result in an acquittal of DUI and save your license. U.S. Code 14 CFR 61.16 requires police to have reasonable cause to request a driver take a blood, breath, or urine test for any suspected DUI or DWI offense of alcohol or drugs. There are many police arrest procedure problems and officer mistake defenses which can get a BAC test refusal offense invalidated and the DUI refusal dismissed.
Refusing Breath, Blood Test February 2020 Law Additional References: