When pulled over for DUI, an officer might ask for that you submit to a breath test known as Preliminary Alcohol Screening (PAS) which utilizes portable innovation to determine your blood-alcohol content (BAC). While refusing this test is technically legal, doing so might strengthen a case versus you should the officer suspect you of intoxication.
If your arrest was validated by likely cause, police officers will still want you to submit to a post-arrest breath test at either a police headquarters or health center immediately following your arrest. Declining such tests normally leads to civil or administrative penalties such as license suspension that can be used versus you at trial as extra penalty in addition to criminal DUI penalties.
Fraud, Deceptions, And Downright Lies About Breathalyzers Exposed
Choosing whether to send to a breathalyzer test needs more thought and factor to consider than simply knowing your state’s laws on this issue. Sometimes it may make good sense for you to pull out, particularly if your blood alcohol concentration (BAC) will fall listed below the legal limit of 0.08% and could lead to lesser charges such as driving while ability impaired (DWAI) instead of DUI with decreased prison sentences and fines.
If your level of intoxication is most likely and particularly extreme to surpass legal limits, taking the breathalyzer test might make good sense in order to thwart prosecution and, possibly, encourage a judge or jury at your DUI trial that refusing is not indicative of guilt.
Keep these considerations in mind also. In many states, declining a breathalyzer test will cause your insurance coverage rates to increase; in some cases even leading insurers to cancel your policy completely; ought to this happen, an attorney needs to be employed in order to defend you in court versus these insurance providers. If you find the topic of what you read so far, interesting and that you require more info concerning the topic, then please visit us or click the following site link radexemfreader.
Refusing to take a breathalyzer test does not constitute an admission of guilt; nevertheless, it can raise suspicion among law enforcement officer and judges/jurors at your DUI trial. Working with a skilled criminal defense lawyer will permit you to weigh the advantages and disadvantages of taking or declining a breathalyzer test and can protect you versus any subsequent charges resulting from that rejection.
Speak with one of our DUI attorneys instantly for more information on how we can help if you have actually been charged with DUI in Massachusetts. Require a free preliminary assessment or complete our online form; our representation spans Boston, Somerville and Newton in addition to surrounding communities within Massachusetts. Additionally, our lawyers deal with appeals on behalf of clients charged with driving offenses before state courts in Massachusetts along with appeals courts such as MAAC or even Supreme Judicial Court of United States.
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