Honolulu DUI Attorney Looks At Refusing Chemical Tests

You may ask yourself about the effect on your case if you decline to take the breathalyzer test after you've already been stopped for DUI. Declining to take a breathalyzer test may possibly lessen your likelihood of a DUI conviction, yet this choice is not without consequences. Before you head to court, become knowledgeable about info concerning the refusal of chemical testing as well as the consequences of this choice with regard to your success when opposing a DUI charge. A This external link was removed for your protection possesses the knowledge to help you in comprehending the laws connected with declining chemical testing.

Just about every state has got an implied consent law on chemical testing to discover your blood alcohol content. If you're driving on a public roadway and you're stopped for DUI, your agreement to a chemical test is regarded as implicit. If you decline to take a chemical test after the arrest, your driver's license will be suspended at the very least. You will find those people who would prefer to lose the license than face a DUI charge. Therefore, they turn down the chemical test. Besides just a driver's license suspension, a great number of states have made a decision to add more penalties for refusal to take chemical tests. Extra charges might total $10,000. You might need to buy more insurance. You may need to spend time in jail and face other fees and penalties - possibly civil or criminal. The objective is to put pressure on people to simply accept going through with the chemical tests.

Declining a chemical test may help you in the event you actually think that the degree of your disability as stated in the police report was in fact completely wrong. Witnesses who are in a position to attest to your cognitive functioning as well as your coordination when you were arrested will be taken into account. In addition, if you're able to pass the field sobriety tests, this may count in your favor. If you choose to turn down the chemical test, it might result in reducing the amount of proof the prosecutor can use against you in convicting you for DUI. Even so, it won't be the sole tactic the prosecutor will employ in trying to convict you. They will often have additional evidence from the arresting policeman's observations which will be employed to find you guilty or otherwise. Included might be your cognitive functioning, your reaction time, along with a determination whether or not you displayed slurred speech and poor coordination. Moreover, the results of an eye test may be included. The officer will mention whether or not the smell of alcohol was present on your breath or apparel. All of these will probably be additional points that the judge will consider in choosing the degree of your impairment.

Chemical tests are never completely precise, which is another thing to consider on chemical testing refusal. Sometimes blood alcohol content results might show up to a 15% higher blood alcohol content than the actual amount. Refusing the test might assist you to steer clear of a false reading, but the refusal in itself may be utilized as information against you. The judge will consider all factors when making a choice.

When charged with DUI you might refuse chemical testing. If this really is the case, it is extremely important that you simply hire an expert Honolulu DUI lawyer. Your lawyer will be experienced regarding DUI defense law. They will have the ability to create the best defense achievable to present to the judge. You'll be able to fully grasp the best tactics, the fines, penalties, and consequences involved in DUI before going to court in the event you hire a Honolulu DUI attorney at law.