Dwi Always Refuse To Take A Breathalyzer

Dwi Always Refuse To Take A Breathalyzer

Getting pulled over for suspected drunk driving can be a scary situation. The police officer will likely ask you to take a breathalyzer test to measure your blood alcohol level. You may be wondering – can I refuse the breathalyzer? What happens if I do? Here’s a comprehensive guide on why you should think twice before agreeing to take a breath test if stopped for DWI.

What is a breathalyzer test?

A breathalyzer test, also called a breath test, is a common method police use to estimate a driver’s blood alcohol concentration. It’s a handheld device that measures alcohol content in your breath. The legal limit for blood alcohol concentration is 0.08% in most states[1].

If you’re pulled over on suspicion of drunk driving, the officer will likely ask you to blow into a breathalyzer device. Your breath alcohol reading gives police evidence of whether you’re over the legal limit. A high reading can lead to arrest and DWI charges.

Can you refuse a breath test?

In every state, you have the right to refuse to take a roadside breathalyzer test if pulled over for suspected drunk driving[2][3]. However, there are consequences in each state if you refuse. Usually, your driver’s license will be suspended for a period of time.

Once you’re arrested for DWI and brought to the police station, you may face additional consequences for refusing a breathalyzer. For example, in some states like New York, refusing the breath test after arrest allows your refusal to be used as evidence against you in court[4].

Should you refuse a breathalyzer test?

There are pros and cons to refusing a breath test during a DWI stop. Here are some things to consider:

Pros of refusing the breathalyzer:

• No breath test reading that definitively shows you’re over the limit
• In some states, like California, refusing the test means police need more evidence to prosecute for DWI
• Avoids providing potentially inaccurate breath sample that gives falsely high reading

Cons of refusing the breathalyzer:

• License suspension for refusing, typically 1 year
• In some states, refusal can be used against you as evidence of guilt
• Police may seek warrant for involuntary blood test

As you can see, there are risks either way. An experienced DUI defense lawyer can help assess your case and determine if refusing the breath test is your best option.

Can police get a warrant for a blood test?

If you refuse a breath test, the officer may seek a warrant to compel a blood test instead. Blood tests are considered even more accurate for blood alcohol level than breath tests. Your state’s implied consent law likely makes it clear that drivers give implied consent to chemical BAC testing, either by breath or blood.

However, blood draws require a warrant in most states. The officer will need to establish probable cause and get a judge’s approval for the warrant. An attorney can help challenge the grounds for a forced blood draw if there are issues with the warrant.

Should you take the breathalyzer or refuse?

There’s no one-size-fits-all answer to whether refusing the breathalyzer is advisable. An experienced DUI lawyer can look at your case specifics and help determine the better legal strategy. In general:

• If you’re clearly over the legal limit, refusing likely makes sense
• If you’re near but under the limit, taking the test may help show legality
• If the stop seems unlawful, refusing may avoid providing evidence from an invalid arrest

Never admit to drinking or take any roadside sobriety tests. Politely refuse to answer any questions without your lawyer present. Call an attorney as soon as possible after being stopped for DWI advice.

Defenses if you refused the breath test

Refusing the breath test does not automatically mean a DWI conviction. An attorney can help defend your case and fight the charges even without breathalyzer evidence. Possible defenses include:

• No probable cause for the traffic stop – Evidence can be suppressed if there was no legal reason for the initial stop. An experienced lawyer can argue this to the court.
• No reasonable suspicion to continue investigation – Similarly, the officer needs justification to prolong the stop and conduct field sobriety tests. Lack of reason may invalidate any evidence found.
• Improperly administered field sobriety tests – These roadside coordination tests can be inaccurately given, resulting in failure even when sober.
• No signs of impairment – Dash cam footage may show appropriate driving and speech contrary to officer testimony.
• Invalid warrant for blood draw – As mentioned above, problems with the warrant can provide grounds to suppress blood test results.

An attorney’s job is to scrutinize every aspect of the DWI investigation and identify violations of your rights or procedural errors. This can get charges reduced or dismissed entirely.

Next steps if you refused a breath test

Being arrested for DWI is scary, but experienced legal help can guide you through the process. If you refused the breathalyzer test, here are some next steps:

1. Consult with a DUI defense attorney – Hire a lawyer to defend your case and apply to get your license reinstated.
2. Request an administrative hearing – You have the right to a hearing to contest your license suspension for refusing the breath test.
3. Apply for a temporary restricted license – In most states, you can get a temporary permit for driving to work or school while your license is suspended.
4. Get character references – Ask people to write letters attesting to your good character to help your case.
5. Gather evidence – Collect any evidence you have like receipts showing food you ate or timelines of your activities leading up to the arrest.

With an experienced DWI defense lawyer on your side, you can move forward and work to minimize penalties and get your driving privileges back. Every DUI case is beatable with creative defense strategies.

Why you need an attorney if you refused the breath test

Trying to navigate the consequences of refusing a breathalyzer without professional legal help is extremely difficult. An attorney who specializes in drunk driving defense has the knowledge and resources to protect your rights. A lawyer can assist by:

• Representing you at administrative license suspension hearings
• Negotiating with prosecutors to get charges reduced or dismissed
• Gathering evidence and documents to build your defense
• Filing motions to suppress illegally obtained evidence
• Contesting the legality of blood test warrants
• Raising doubt by scrutinizing all procedures followed during your DWI investigation
• Guiding you through the complex DUI legal process

Don’t go it alone against the experienced DUI prosecutors. The legal knowledge and advocacy of a skilled drunk driving defense lawyer provides the best chance at a positive outcome.

Talk to a DUI defense attorney today

Being charged with DWI can disrupt your life and livelihood. If you refused a breathalyzer test, it’s critical to understand your rights and options. An attorney can help put together a strong defense to beat your charges and get your license suspension lifted quickly. Don’t leave your fate to chance – speak with a DUI lawyer today to discuss your case.