Refusing the BAC or sobriety test in a First DUI offense charge

How To Fight & Get Out Of A DUI Refusal Charge Offense

Lawyers who have been successfully fighting to prevent a driving under the influence license suspension, and get out of DUI refusal to blow charges, will know what defense will work best for how to challenge this type of DUI/DWI case after they can first review a person’s arrest information. This is a necessary first step for fighting any DUI or DWI charge, whether it is for refusing to take the Breathalyzer or sobriety tests, and regardless if it’s for a first-time offense or not.

DUI Refusal of the Breathalyzer
Did you refuse the breath test? Learn how a DUI Lawyer can help fight the charges.

The local lawyers who will review the arrest details for the best options of what to do defending why a driver did not take and refused to take the DUI breath or blood test, have accumulated a large collection of maintenance and calibration records for Breathalyzer test devices used on drivers. An attorney who uses this knowledge of how the sobriety test devices and machines are used in DUI & DWI arrests, is very important for increasing the chances of winning or dismissing a refusal case. This is because in several cases they have the records for each of the type of both the portable breath test device and larger Breathalyzer machine at the police station to help identify which may have a history of malfunctions or providing false positive readings. Not only do the lawyers who review arrest information online with us have a vast background of the DUI test device records, many even have models of all the Breathalyzer and calibration devices which the police officers most frequently use the most often for testing a driver, and they know exactly how they work. We realize just how important it is that a driver does not lose their driver’s license, not be required to have to get an Ignition Interlock device installed, or not have a lifetime permanent record for DUI or DWI charges, even if they refused the tests. Luckily the local DUI test refusal lawyers with years of expertise, can apply their knowledge to challenge and get out of a refusal charge offense successfully in many cases.

What Will Happen For Refusing To Take A DUI/DWI Breathalyzer Test?

After an officer suspects that a person may be driving under the influence of alcohol, illegal drugs, Marijuana, or even prescription medication, they will request that a driver submit to a roadside breath test using a portable device, or to take a blood test at the hospital. Refusal to provide a breath test sample, is often an option for a driver in this situation, however it still can have serious penalties if the DUI or DWI test refusal charges are not won or get dismissed in court. The consequences are also just as severe if a driver to refuses to take a blood test to determine if they are under the influence of Marijuana, drugs, or some types of prescription medicine. The DUI offense will apply whether the test refusal was on purpose, or an arrested driver failed to blow into or take the Breathalyzer test properly.

When a driver who gets pulled over by police is suspected of DUI, and later has been charged with a refusal offense because of choosing not to take the Breathalyzer or even a blood test, they still may have a strong and valid defense for how to fight and beat the charges. Once we can examine the details of the arrest that a driver submits online to us as to what took place, the local lawyers who will carefully review the information for defense options for what is best to get out of a DUI test refusal case, will be able to discuss all the ways how they than help fight to dismiss or win against the charge.

In order for a driver’s rights not to be violated, the arresting police officer must follow all the newest laws for DUI testing procedure and rules when they ask that a person take a breath or blood test after a DUI/DWI traffic stop, which also sometimes includes asking a driver to take a urine test as well. If after being able to review a driver’s arrest information it is found that the proper test standards were not followed when asking that a driver take a breath or blood test, it may very well be possible to have Breathalyzer or blood test refusal offense thrown out of court for a case dismissal of the charges. This is because the arresting police officers must act in accordance with the latest DUI laws in place for using the Breathalyzer equipment, which also must be working and maintained properly in order for a failure to take a breath test charge stand beyond a reasonable doubt in court. We are knowledgeable about the full range of what the best possible and most effective ways of how to fight and get out of test refusal charges are that are for people facing this type of DUI offense for the first time. Even in the most complicated or complex cases which a DUI/DWI refusal offense often seems like with the technical nature of most, and the fighting to drop, reduce, or dismiss the charges seems impossible, the local attorney who analyzes a person’s arrest details will be able explore all available options that can often prove successful.

How A DUI & DWI Test Refusal Lawyer Can Help Fight To Get Out Of The Charges

After the police suspect that a driver they first pulled during a traffic stop may also be a possible DUI or DWI suspect as well, the police will demand for the person to take the roadside field sobriety tests. Next, they will then ask a driver to submit to blowing into the handheld breath test device to see if a driver is over the legal blood alcohol content limit of .08 or not. For this first test following the initial reason for the traffic stop, a police officer does not always have to let the driver speak with a lawyer before taking or choosing to refuse the first roadside breath test, unless they have already been charged and placed under arrest. However once an officer does place a driver under arrest for a suspected DUI offense whether for refusing to blow or blowing over the legal .08 BAC limit, they will then take the arrested driver down to the police station to perform further and more “accurate” tests with the larger Breathalyzer machine. For these particular DUI tests at the police station or even blood test at the hospital, a person does have the right to talk to a lawyer before taking or refusing any of the tests if they choose.

If the officer who makes a traffic stop has a reasonable cause to suspect that a person’s ability to drive their car is because of being under the influence of alcohol, drugs, pot, or medication, they can request that a driver go with them to the police station or local hospital for a an alcohol or drug test. From there, a specially trained officer will do a variety of observations and physical tests on a driver. If after performing the evaluation they determine a driver is still under the influence, the police can then ask that a driver submit to take a sample of their breath, blood, or urine for an alcohol or drug test. A driver in this situation does have a right to speak to an attorney before taking the DUI tests and providing any samples. If a person makes the decision to refuse to perform or complete any of the tests, they will then be likely charged with a criminal DUI refusal offense. The court will ultimately then decide if a driver had a reasonable excuse for refusing to take the test. It is important to note that in these type of DUI and DWI test refusal cases especially, it is typically very difficult for a driver to convince a court that they had a valid excuse or reason for not taking the Breathalyzer or blood test, without first getting an experienced DUI lawyer’s help

For any driver who is facing the seriousness of any type of DUI or DWI charge, whether it’s a 1st offense or not, it is always advisable to talk with an attorney first before submitting or deciding to refuse taking any of the tests. Often the best help for winning or dismissing a DUI case comes down to the specific details of what a driver does or doesn’t do after first being stopped for suspicion of driving under the influence by police. This is another crucial reason why having the details of a DUI arrest examined as soon as possible to so important to building a strong defense to help increase the odds to get out of the charges.

What Will Happen If I Plead Guilty To A DUI Refusal Offense?

The biggest issue for what happens after entering a guilty plea to a DUI or DWI test refusal charge is that a person will then be admitting to the offense which will have the same severe costs and penalties as if a driver had taken the sobriety tests and failed over the limit, which will also result in a permanent criminal record for life. While each person’s own arrest circumstances and what happened is unique, there are certain common things that could happen which could result in a driver getting out of a DUI test refusal charge, such as:

  1. The arresting police officer does not show up to court;
  2. A person has their rights violated by denying their right to a speedy trial within a reasonable and fair amount of time;
  3. The prosecution attorney made crucial mistakes in the case;
  4. The facts and details of a person’s arrest provides for a successful defense for why a driver chose to refuse the DUI breath or blood test.

In some arrest scenarios when a driver does not refuse a breath test and blows over .08 BAC on the Breathalyzer test, sometimes they make a costly mistake thinking if they plead guilty, it might help get the case over with faster. When unaware first DUI offense drivers make this assumption, they usually are under the impression that a guilty plea will speed up the inevitable and get a suspended driver’s license back sooner. However it is very important to realize that before deciding to plead guilty to DUI or DWI, whether for a test refusal offense or even blowing over the legal alcohol limit, it’s vital that a person keep a certain facts about what will happen afterwards in mind. After a driver decides to plead guilty and gets convicted of a DUI offense, or refusing the breath or blood test:

  • A driver will have will have a lifetime criminal record (searchable in any future background check).
  • A driver’s license will be suspended for an average length of time for a period of one year.
  • Those who plead guilty, will also have to get an Ignition Interlock device installed on any vehicle they drive (which includes a company car or any other vehicle driven for work).
  • There is still the strong possibility of having to serve jail time, along with an average 3 year driver’s license suspension if convicted for a 2nd DUI offense again in the future.
  • Many people will have both current job and future employment problems when a driver’s license is suspended, or an Ignition Interlock device is required in order to legally drive.

How A Driver Can Use Their Rights And Refuse To Take The Sobriety Tests

While a driver who decides to refuse to take a DUI/DWI Breathalyzer or blood test will likely result in an arrest, they still do have rights which could possibly get a dismissal of the charges. A person does have the right to refuse a ‘walk in a straight line, heel to toe’ type of roadside field sobriety test during the traffic or DUI stop. A driver also has the right to know why they have been stopped in the first place, especially when the officer wants a person to go to the police station to take an official Breathalyzer test, or to the hospital for a blood test for a suspected DUI or DWI offense.

A driver always has the basic right to remain silent and not say or do anything that might incriminate themselves. What this means exactly, is that a person does not have to explain or provide the details of where they came from, or what they did earlier in the day or evening with the officer. Even in the situations when a person has maybe consumed a couple drinks, they do not have to tell the officer what time they had been drinking, what kind of drinks they had, or how many drinks they had before driving. It is a basic rule of thumb that the more a person remains silent after an arrest and less they discuss anything with police until first speaking to a lawyer, the more likely it will be that an attorney can help to fight and beat the case with success.

After a driver is going to detained or arrested by an officer, as part of a driver’s constitutional rights, at this time a police officer must inform the person under detainment or arrest that they have the optional right to talk with a lawyer first, before speaking any further with the police officers. Speaking with or getting the help of an arrest review by local DUI and DWI lawyers who specialize in fighting and winning against test refusal offense cases, is the most effective step to take at this point. Just because at first the chances of getting the charges dropped or the case dismissed doesn’t seem high, when it comes to all the often technical defenses available for any type of DUI offense, there is always a strong defense that can help fight the arrest to be made.

This is because the local DUI lawyers who examine a person’s arrest details online with us are are experts in this complex field of law, and deal with finding new ways of how to fight to dismiss DUI test refusal cases often. They successfully challenge complicated cases when a driver decides to refuse a breath, blood, or urine test all the time. This is why after first being able to examine a driver’s arrest details online, they will then know exactly what to do next for how to to build the strongest defense and fight to get a dismissal of the test refusal or have charges reduced, whenever possible. These are 6 of the first things a skilled attorney will look at first after being able to review the arrest of a driver charged with refusing to take the DUI Breathalyzer or blood test:

  1. Did the police pull over or stop a driver for a valid reason?
  2. At what point did the police officer request that a person take the roadside breath test screening device?
  3. Was the roadside breath test device or Breathalyzer machine at the police station approved and calibrated properly?
  4. Did the officer speak clearly enough for a driver to easily understand before refusing to take the test?
  5. Was a person given a proper chance to speak with an attorney while being detained at the police station?
  6. Did a person actually try to take the test and blow into the breath machine, but was charged with a DUI/DWI test refusal anyway?

A driver getting pulled over and then arrested for being suspected of driving under the influence of alcohol or drugs can be a frightening ordeal for anyone to go through regardless if it’s for a first-time DUI or DWI offense or not. Even when a driver had chosen to refuse a breath and blood test, please take advantage of the free online DUI help we provide by having am experienced local lawyer review the arrest circumstances of what took place. After taking this necessary first step of getting the proper legal help, they can then discuss how they can fight to get out of a DUI refusal offense case based upon the details of what happened.

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