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Refusing A Breathalyzer Test

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In a DUI, everyone will probably suggest you find a lawyer first. You can start your search for the best lawyer by searching for “DUI help near me.” If involved in criminal charges, consulting a lawyer will help you the most. 

DUIs are a complex thing. Even if you’ve had only one small drink at your friend’s birthday party and were driving fine without violating any traffic rules, the breathalyzer still detects alcohol in your system. This can then prompt the police officer to arrest you. 

A frequent question asked to lawyers by people is, “Can I refuse to take the breathalyzer test?” and the answer to this is a little complicated. 

Can you refuse a breathalyzer test?

The short answer to this is yes. A police officer cannot physically force you to take the test. The penalty for not taking the test is the same for taking the test and then failing it. The police officer will arrest you on the grounds of not cooperating with them. 

One may ask, what is the difference between taking and not taking the test if you’re going to be arrested in both? 

Lawyers have been seen to suggest their clients not take this test. This is because you are getting arrested on the grounds of only that when you refuse the test. However, when you take the test and then get arrested because of failing it, the police receive solid evidence of your intoxication and arrest you for DUI. 

Even if you get arrested, as long as the cops don’t have proof against you, your lawyer can better defend you in court. On top of that, if you had not broken any traffic rules and the police still arrest you, there would be no proof of your guilt. 

However, it is essential to remember that refusing a police officer can have serious consequences. The charges against you may increase, and you could get possible jail time for not helping the police and not following the state’s laws. 

Here are a few consequences that you may face for refusing a breathalyzer test. 

  • It will cause more suspicion against you.
  • Police may use it against you.
  • Your license may be suspended temporarily. 
  • If you refuse to take the test and the police later find out about your drinking, it may result in subsequent jail time. 

Nevertheless, your penalties will depend on how good your lawyer is. A good lawyer with expertise in DUI can consult you on how to defend yourself best, protect your rights and reduce your penalties. 

Find your perfect DUI lawyer at the Barnes Law Firm. 

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