![]() ![]() Tell the officer you refuse to answer any of their questions until you spoke with your attorney. Unfortunately, you must have a specific attorney (you are not entitled to a public defender) and mention his or her name to the officer. ![]() Some states such as New York allow you to call your lawyer for legal advice before taking the chemical test.Depending on what you told the police, the good news is refusing a breathalyzer makes it easier for your lawyer to negotiate with the prosecutor to have your refusal charge either dismissed or reduced. However, you will need to lawyer up because the jury is instructed to choose whether they want to believe you refused because you knew you would fail. If you refuse the breathalyzer, the prosecutor will lose his or her strongest evidence against you.In most states, refusing to take the test results in an immediate suspension or revocation of your driver's license, and a few states make it a crime to refuse. If you are sober, you should take the test to get it over with. ![]() Generally, the consensus is you should always refuse if you drank excessively which will get you an "aggravated DUI" charge which is far worse than if you were to refuse. However, you cannot be forced to take it, but you need to consider if the consequences of refusal outweigh what would happen if you submit to it. "Implied consent" laws require you to submit a breathalyzer or other chemical test for law enforcement. Some states even extend this to personal vehicles for CDL holders.ĭetermine whether to take a chemical test.
0 Comments
Leave a Reply. |