When pulled over for DUI, an officer may request that you submit to a breath test referred to as Initial Alcohol Screening (PAS) which uses handheld technology to measure your blood-alcohol material (BAC). While declining this test is technically legal, doing so may boost a case versus you ought to the officer suspect you of intoxication.
If your arrest was justified by probable cause, police officers will still desire you to submit to a post-arrest breath test at either a police station or medical facility instantly following your arrest. Declining such tests generally results in civil or administrative penalties such as license suspension that can be used versus you at trial as additional punishment in addition to criminal DUI penalties.
The Hidden Truth On Breathalyzers Exposed
Deciding whether to send to a breathalyzer test needs more thought and factor to consider than merely understanding your state’s laws on this issue. In some cases it might make good sense for you to opt out, specifically if your blood alcohol concentration (BAC) will fall below the legal limit of 0.08% and could lead to lesser charges such as driving while capability impaired (DWAI) instead of DUI with decreased jail sentences and fines.
If your level of intoxication is most likely and particularly extreme to exceed legal limitations, taking the breathalyzer test might make good sense in order to ward off prosecution and, possibly, convince a judge or jury at your DUI trial that refusing is not a sign of guilt.
Keep these considerations in mind too. In lots of states, refusing a breathalyzer test will trigger your insurance coverage rates to go up; in some cases even leading insurers to cancel your policy entirely; ought to this take place, a lawyer needs to be worked with in order to protect you in court against these insurers. If you discover the subject of what you have seen fascinating which you require more details relating to the subject, then please pay us a visit or click the following site link Radexemfreader.Com!!
Refusing to take a breathalyzer test does not constitute an admission of regret; however, 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 defend you against any subsequent charges resulting from that refusal.
If you have actually been charged with DUI in Massachusetts, consult with one of our DUI lawyers right away to learn more on how we can assist. Require a free preliminary consultation or submit our online form; our representation spans Boston, Somerville and Newton in addition to surrounding communities within Massachusetts. Furthermore, our legal representatives handle appeals on behalf of clients charged with driving offenses before state courts in Massachusetts as well as appeals courts such as MAAC or perhaps Supreme Judicial Court of United States.
