Refusing DUI Tests: How to Get Out of a BAC Refusal DUI Case & Avoid the Penalty

DUI Refusal Case - How to Get Out of a BAC Refusal DUI Case, July 2019
How to Get a DUI, DWI Refusal Charge 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 a 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.

Refusal to Submit to an Alcohol Test Can Result in an Acquittal of DUI or DWI

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.

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.

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 2019 laws mean that your license is more likely to still get suspended for a period of time unless a legal technicality 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 2019 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:

  1. Having a suspended driver’s license for 6 months to 1 year for a first offense charge.
  2. A permanent criminal record for life.
  3. Fines that cost an average of $1,400.
  4. Car insurance increase of thousands of dollars per year for the next 5 years.
  5. Mandatory alcohol and DUI classes.
  6. Needing to get an Ignition Interlock device installed in order to get a license back.
  7. 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, 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 Offense 2019 Law Additional References:

14 CFR § 61.16 – Refusal to submit to an alcohol test or to furnish test results – govinfo

http://dui.drivinglaws.org/resources/dui-refusal-blood-breath-urine-test.htm

 

12 thoughts on “Refusing DUI Tests: How to Get Out of a BAC Refusal DUI Case & Avoid the Penalty”

  1. Greetings~ I was pulled over at a sobriety check point on St. Patrick’s Day driving my intoxicated boyfriend home. The officer asked if I had medical conditions that would affect my ability to do the field sobriety tests and I explained I have neuropathy in both feet and hypoglycemia. I became upset during the testing because I also have anxiety issues. I refused to finish the test bc I feel they try and get you to do it wrong. As in I was wearing heavy winter boots and being asked to raise my foot 9 inches off the ground twice. I won the DMV hearing representing myself- but I still have the refusal pending. I want an acquittal. This is the most comprehensive article I’ve found on the internet. Any advice appreciated.

  2. I took the chemical test, was released on ROR. three days later I recieved a letter stating that my license was being suspended due to REFUSAL OF CHEMICAL TEST… I went to court recently and was found not guilty. all charges was dropped but my license is still suspended… what can I do?

    • Well, you weren’t found ‘not guilty,’ your charges were just dropped for whatever reason. What they did was imply an administrative rule upon stated in your agreement when you signed for your drivers license and there is nothing you can do. In it you will read that any test which proves you were above the legal limit will automatically result in the DMV suspending your license regardless of the outcome of your DWI case.

      It is precisely for cases such as yours why that administrative provision exists. DWI cases are dropped all the time because of the many complexities involving such an arrest. Bottom line: had you not blown you would have a suspended license right now.

      HOWEVER, it could also be that the State just chose not to fight your case and decided to put their time and resources elsewhere. They saw that your license was suspended anyway and was fine with letting that be your punishment. You don’t want to fight this. You risk the State opening back up the case, pulling the chemical test and pursuing charges.

      Be grateful you don’t have a DWI on your record and take the bus for a year and move on with your life. For someone who’s driving record is their livelihood, one DWI could forever ruin their career. Your story for a truck driver is a god send. They can survive a suspension. Though they would probably lose their current job, they can still work when they get their license back in 6 mos – a year since they have no DWI on their record. So just like the article explains, legally, it is a complicated issue.

  3. Back in May of 2018 I got pulled over for going over 10 miles over the speed limits . I was given a sobriety test and past. I told the officer that i hadn’t been drinking I had just gotten off work. The officer asked me to take breathlizer test, I refuse to take the test and I was taken in and booked on dui Charges and speeding. I got a lawyer and went to court and for lack of evidence the threw the charges of dui and speeding out and no court charges , but I still have to go back to court which is not til March of 2019. But found out that the charge of dui is on my record that was thrown out and that license has been suspended. How can this happen? What advice can you give me.

    • I had a fender bender accident while driving while suspended. We had raced the night before got home my son called and been taken to the hospital so i borrowed roommate car and had an accident, but i refused the test. Can they convict me of dui with no proof?

  4. I was cited with a DUI last thursday. It was around 7:35pm. I was driving “too slow”, granted, I had just turned at a light to make a U-Turn and had not caught up with the speed of traffic yet. They asked where I was going and coming from – I complied and told them I had come from Atlanta from picking up my boyfriend at the airport and was going home to Florida, passing through Alabama on my way home. I had a few beer at dinner which was a couple hours prior. I passed the field sobriety test, which notably irritated the officer, but blew .12 (Alabama). When I was arrested, I was not read my rights. At the station, I was informed that the field breath test was not admissible in court, but the diagnostic breathalyzer test in the station house was. I refused to blow when asked right then – which was about 25 minutes after the arrest – 8pmish ( until I felt I would blow under the legal limit). The next morning (6am), I was asked to blow again, and I blew 0.00. I was released and able to get my car out of impound. They did not take my license, I reside in Florida and have a Florida license; and am not sure why, how, or what will happen now. I do know I have to keep my license as I have to take my two kids to school and back every day which is 20 minutes away (I live in a rural area with no public transportation) and would prefer to get this case dismissed. Help please!

    • You should be able to beat this. We have the entire state of Mississippi covered with defense attorneys that will help.

  5. I was pulled over for passing on the left this past Saturday. The officer asked how many drinks I had that night and I told him I had 2. I was not drunk but had trouble with the feild sobriety test and as soon as I felt like I was messing up the test i became scared and said I’m not doing this and they immediately arrested me. I also refused the breathalyzer. I messed up so bad because I’m positive I would have passed the breathalyzer.

    • Edward, a lot of people make the same mistake. Next time refuse ALL tests and ignore the threats from police. Make sure you have a strong legal defense that can get this behind you. Let me know if you need help finding representation.

  6. I was pulled over last night going 9mph over the speed limit.
    I have always heard to never blow. I was cited with an OVI and when I got home I was looking up details and pretty much everywhere read to always blow. I guarantee if u was over the limit it was not by much but I made a very bad mistake and heard wrong information.
    I am married with two young kids whom I have to drive around a lot. Did I just make the worst decision of my life? I am very angry with myself and I should have blown. It does not look like there is any possible way of dismissal.
    Any advice would be greatly appreciated.

  7. I was was pulled over doing 102mph in a 70mph zone on the highway. The officer said he smelled alcohol, and I took a field sobriety test, then he took me to the police station. I tried 2 times to take the breathalyzer test, but I am still recovering from acute bronchitis, and I forgot to grab my inhaler from the car. I told the officer I would take the blood test, but they did not have the equipment for a blood test. The officer allowed my mom to pick me up, and I plea on Jan. 24, 2018, at 2:45pm.

  8. Hey i was charged with a dui i had an open container he said step out the car Gave me the eye test i told him stop it waz starting to hurt with all the lights asked me to take the breath test i refused then he ask when was my last drink i smell alcohol i said 4:30 after work it was around 11 at the time i think but can you just email me if you think it sounds bad thats all i need to know

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