Have you been recently caught due to drunk driving? Are you asked to take the breathalyzer test but you refused? Well, there are some things that you need to know about this aspect of DUI.
Considering the wide array of laws that consider certain actions to be criminal offenses, it is certainly very essential that you know exactly the things constituting a certain criminal action as well as the degree that you might be punished for this. There are various kinds of crimes, usually falling under felony or misdemeanor offenses. Drunk driving is considered as a misdemeanor offense and conviction for this might mean licenses suspension, something that you will certainly not want to experience.
Driving under influence is a serious offense and if you are in Florida area, it is imperative that you hire a Florida criminal defense attorney who will be able to get you out of trouble.
If you have just flunked the breath test and you were charged of driving under influence, you will be facing license revocation. However, if you refused taking the test, you will also encounter the same predicament of license revocation. For both cases, you will certainly need the help of reliable as well as an effective DUI attorney who will be able to defend you during your DMV hearing.
Once you refused the breathalyzer test, it will be argued by the State that your refusal has been the result of your consciousness of guilt. Although this kind of script can be conveniently argued during the trial, it is essential for you to know that there are actually plenty of reasons for you to refuse taking the test. An officer’s request of taking the breath test can ignite panic, stress, and fear all at the same time. Once an individual is in this mind state, it will be hard for the person to come up with a sound decision whether he should submit himself to the test or not.
If you are being charged of drunk driving, you should take note that the moment the officer decides to detain you, he already assumes that you are alcohol-impaired. If you decide to blow but the result is below the legal limit, it does not mean that you will already be discharged by the officer. It is unexpectedly common for drivers to still be charged of drunk driving despite the below legal limit result of breath test. With this said, it only means that even if you refused taking the breath test or not, it has really nothing to do with consciousness of guilt.
In some instances, the officer might also cite you when you refused taking the test even if you have tried your very best in giving your breath sample. This situation as referred to as the earnest attempt case. Take note that not everyone is capable to submit the needed air volume into the equipment used for the test. These are some things an experienced DUI attorney will bring up in your defense.
When looking for an DUI lawyer, make sure that you look for one who can challenge the refusal to take the breath test and someone who would give his all in defending your rights.