A Refusal to Submit to a DUI or DWI Alcohol Test Can Result in an Acquittal
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 the offense quickly to avoid costs from this misdemeanor, with the proper help of specialists in this often technical field of law. With our 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.
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.
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.
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 or 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 with finding the best legal methods of how to get out of a test 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 or DWI Refusal Dismissed?
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.
Last updated 1.4.19