DUI Refusing a chemical test

On Behalf of | Jun 21, 2018 | DUI

A major issue in DUI cases occurs when criminal defendants are refusing to submit to a chemical test in a DUI case.  DUI rehab When talking about a chemical test, it is a common test to give after someone is arrested for the suspicion of DUI to see if there was any alcohol or drugs in a person’s system. This could either be done threw a blood or breathalyzer test. When engaging in a blood test you are read your rights, which include; implied consent law, no right to attorney, and if you refuse the blood test your license will be suspended for at least 12 months, and 18 months if you have a prior DUI or refusal. Breathalyzer tests are given after the person has been arrested and transported to the police station. A certified operator must conduct these tests, the machine has to be properly calibrated, and machine is works correctly prior to blowing into the machine for the results of the breathalyzer to be admissible. A breathalyzer test should not be confused with the preliminary breath test (PBT), which is given before you are arrested to detect evidence of intoxication.

Refusing a chemical test in a DUI case can have good and bad effects in the end. On one hand, if you refuse a chemical test the police will have no record if you any drug or alcohol on your blood system. Aggravated assault while DUI If you decide to refuse a blood test your license will be suspended for 12 months for first time offenders and 18 months for those who had a previous DUI or refusal. With refusing a Breathalyzer test your license will be suspended and the defendant will also receive the highest DUI penalty. Refusing a chemical test is a very serious matter and should be discussed with an experienced attorney. Contact the Bellwoar Kelly, LLPfor more information, questions, or a free consultation.

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