An Indianapolis DUI Lawyer Tackles What To Think About When Refusing A Chemical Test

You might wonder what effect the breathalyzer test results may have on your actual case. Though declining a breathalyzer test might help your DUI case, you will find some other affects you should consider. Just before appearing at court, you need to go over the facts on chemical test refusal and the ramification, which might affect a successful DUI defense. You can acquire help in becoming familiar with laws regarding refusal of tests coming from a educated This external link was removed for your protection.

Each and every state has implied consent laws concerning chemical tests for alcohol in your system. Simply put, if you are arrested for DUI on a public road, you have automatically agreed to take a chemical test to measure your blood alcohol content. Your driving license will be suspended at least should you decline to have a chemical test after you have been arrested. Some people believe that they have a lesser opportunity of being convicted for DUI if no test results exist, so they take a risk on having their license suspended by saying no to the chemical test. Along with just a driver's license suspension, many states have chosen to hand out extra penalties for chemical test refusal. Those penalties might be more fines of as much as $10,000, extra insurance specifications leading to greater costs, jail time as well as other criminal or civil penalties. These fees and penalties are to encourage more men and women to submit to taking chemical tests.

Declining a chemical test might be a great thing to do in the event you really believe that the degree of your impairment was stated in a misleading fashion in the police report. When you decline the chemical test, you may effectively reduce the volume of evidence the district attorney has to convict you of DUI. This is especially accurate if there are witnesses who can attest to your obvious sobriety at the moment you were arrested. Even more so in the event you had been in a position to pass the field sobriety tests. This will not be the only technique the prosecutor will attempt to convict you. Your guilt will certainly rely somewhat on observations made by the policeman who arrested you. They will take into account whether or not the smell of alcohol is noticeable, whether or not you were exhibiting normal cognitive function, the results of a reaction time and eye nystagmus test, whether or not you possessed slower speech, and if your coordination is off. All of these extra elements will probably be analyzed by the judge to figure out whether or not you are impaired. Do not think about refusing any chemical testing without first consulting with an knowledgeable DUI attorney at law.

All of that will be more items, which the judge will go over in deciding whether or not you are impaired. Blood alcohol tests can return final results 15% over a person's actual BAC. Refusing the test will stop a incorrect reading, however it will send up various other red flags for the judge. The fact that you refused the test may be utilized as evidence of your intoxication. This is why this decision must be weighed extremely carefully.

You need to hire a professional This external link was removed for your protection with experience regarding DUI if you have refused to undergo chemical testing. Your knowledgeable attorney can create the best defense possible for you and present it to the judge. There will probably be repercussions, fees and penalties, also as particular tactics that may aid in your defense which will be best outlined by a personal DUI lawyer.