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May 24, 2017 | admin Fighting a DUI Refusal
When a driver is pulled over and asked to submit to a breathalyzer test, it’s within the right of the driver to refuse the test. It’s called DUI refusal, and no police officer wants to face a situation in which a driver refuses a breathalyzer. It makes drivers appear automatically intoxicated without any other evidence or proof simply because they refuse to do something that would easily clear their name if they were to pass. It’s problematic, and it can cause serious implications for the driver in question if a refusal occurs. The problem falls within the realm of allowing the driver to maintain their rights while still obtaining evidence the driver was under the influence.
A police officer, a prosecutor, and the court needs evidence of intoxication. Without a blood alcohol test or breathalyzer test performed when you are stopped, it’s increasingly difficult to prove the person driving was drunk or intoxicated. There is no proof of alcohol content levels, and therefore it’s more difficult to secure a conviction even when the automatic assumption is the driver refused the tests because he or she was intoxicated.
Understanding the Implications
What many drivers fail to realize is there is discipline taken against you for refusing a breathalyzer. You face up to six months of license suspension, and you could be issued a fine of up to $1,200 if this is your first offense. If you refuse to do this more than once, the punishment for refusal becomes a bit harsher each time. That’s why you must hire an attorney to help you through this case, because refusal is not without proper punishment by law.
– Suspended license for up to one year but no less than six months
– Mandatory alcohol classes
– Increase in car insurance premiums
– Criminal record for life
– Required ignition interlock device in vehicle
– The cost of reinstating a suspended license
It’s sometimes just as damaging to refuse a test as it is to fail one.
Fighting This Case
A Los Angeles DUI Attorney can help you fight your refusal case. The law allows for your protection, and many attorneys are skilled when it comes to finding the right way to defend your case. If you did not submit to a breathalyzer or blood test but you also didn’t speak your refusal out oud, there is a chance your attorney can argue your refusal case is nothing more than an implied refusal case. This means you cannot be charged with DUI or refusal, because you did no so thing.
An attorneys job is to find mistakes in the prosecutor’s case. For instance, a police officer who pulls you over and forgets to read you your Miranda rights when you are arrested immediately results in a case that he or she cannot win. A police officer who did not follow the order of the law, or any other number of small mistakes made in the course of the arrest can cause a prosecutor to lose a case by default. The job of your attorney is to fight your case in any way necessary, including with the help of mistakes made by the prosecution or the arresting officers.
Fighting a refusal case is a lot easier than many people realize, but it’s not possible with the help of an experienced attorney. When an attorney is on your side, you have the law on your side. Knowledge and experience work together to create many happy clients, and people who are arrested and charged with refusal tend to see lesser punishments when they choose to work with a good attorney.