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Tuesday, March 20, 2012
You might ask yourself about the effect on your case in the event you decline to accept the breathalyzer test after you've already been stopped for DUI. Declining to have a breathalyzer test might decrease your odds of a DUI conviction, however this choice isn't with out repercussions. Before you head to court, become acquainted with info concerning the refusal of chemical testing and also the repercussions of this choice with regard to your success whenever opposing a DUI charge. An professional Honolulu DUI lawyer has the information to help you in learning the laws related to declining chemical testing.
Pretty much every state has got an implied consent law on chemical testing to discover your blood alcohol content. If you're driving on a public highway and you're stopped for DUI, your consent to a chemical test is regarded as implicit. In the event you decline to have a chemical test after the arrest, your driver's license will probably be suspended at the very least. You will find those individuals who would prefer to lose the license than deal with a DUI charge. Consequently, they turn down the chemical test. In addition to a driver's license suspension, a great number of states have made a decision to include additional penalties for refusal to take chemical tests. Extra charges might total $10,000. You might need to buy much more insurance coverage. You might need to invest time in jail and also deal with additional fees and penalties - possibly civil or criminal. The goal would be to put pressure on people to just accept going through with the chemical tests.
Declining a chemical test could aid you if you actually believe that the level of your impairment as stated in the police report was incorrect. Witnesses who are able to attest to your cognitive functioning as well as your coordination when you were arrested will be taken into account. Additionally, if you are able to pass the field sobriety tests, this will count in your favor. If you choose to refuse the chemical test, it may result in reducing the amount of evidence the prosecutor can use against you in convicting you for DUI. Nonetheless, it won't be the sole strategy the prosecutor will employ in attempting to convict you. They will often have additional evidence from the arresting policeman's observations which will be employed to find you guilty or not. Included may be your cognitive functioning, your reaction time, and a determination whether or not you exhibited slurred speech and poor coordination. Furthermore, the results of an eye test may be included. The officer will note whether the smell of alcohol was present on your breath or clothing. All of these will be additional points which the judge will consider in deciding on the level of your impairment.
Chemical tests are never completely accurate, which is another thing to think about on chemical testing refusal. Sometimes blood alcohol content results may show as much as a 15% greater blood alcohol content than the actual amount. Refusing the test may help you avoid a false reading, but the refusal in itself can be used as evidence against you. The judge will consider all factors when making a decision. Your Honolulu DUI defense will also be able to provide you counsel in this decision.
When charged with DUI you might decline chemical testing. If this really is the case, it's extremely important that you simply employ an expert Honolulu DUI attorney. Your lawyer will probably be skilled concerning DUI defense law. They'll have the ability to produce the very best defense achievable to present to the judge. You'll have the ability to fully grasp the most effective techniques, the fines, charges, and repercussions involved in DUI prior to going to court in the event you retain the services of a Honolulu DUI attorney at law.