When I started getting into trouble I became pretty acclimated to legal procedures. Calling my attorney and working out bail was just another way to spend a Saturday night. Unfortunately, the stiffer the charges, the more difficult it was to talk my way out of a bad situation. After so many charges, I found myself slapped with a long jail sentence, and I realized that I wanted to turn things around. Fortunately, my lawyer was able to walk me through yet another process, so that I could make the right changes. My blog discusses how to emotionally cope with legal issues so that you can start living a good life.
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When police officers flag you down on suspicion of DUI (driving under the influence), do you agree to the "voluntary" DUI tests or refuse them? People have opposing views on this issue. Therefore, it's best to know the pros and cons of the refusal so that you can make up your own mind on it. Here are two major reasons it may make sense to refuse the tests:
The Prosecution Lacks Evidence
The results of DUI tests are some of the strongest evidence the prosecution may present during your trial. This includes both the breathalyzer and the field sobriety tests. Therefore, refusing the tests may help your case by denying the prosecution their main source of evidence.
However, this is only possible if you are borderline intoxicated. This is because even if you refuse the voluntary tests, there are other tests at the station that you are legally required to undergo. This means a refusal may not help you much if you are truly intoxicated because the tests at the station can still be used as evidence against you. If you are borderline intoxicated, however, then your blood alcohol content may drop to safe levels by the time you reach the station and undergo the mandatory tests.
You Avoid Enhanced Penalties
The higher your BAC levels are the harsher your penalties will be if you are convicted. Submitting to the breathalyzer test at your point of arrest will result in the highest BAC reading, which increases the severity of your potential penalties. If you refuse the tests at this stage, the prosecution may not get the high BAC they need to enhance your charges and penalties.
When it comes to the cons of refusing the tests, here are a couple of the most prominent ones:
Automatic License Suspension
The first major disadvantage is that most states have DUI laws that call for automatic license suspensions for those who refuse DUI tests. This means you will lose your driving privileges; something you have a chance of fighting and avoiding if you take the tests.
The Refusal May Be Used Against You in Trial
The other disadvantage of refusing these DUI tests is that the prosecution will use the fact to ask for your conviction in court. Their reasoning will be that you refused the tests because you knew you were guilty.
Whether you refuse the tests or not, there is still a chance that you will be convicted. The best way to minimize your chances of a conviction is to consult a DUI attorney as early in the case as possible.Share