Albuquerque DUI Attorney Gives You Concerns To Contemplate With Regards To Declining Chemical Testing

In the event you refused to undergo a breathalyzer test after you were stopped for DUI, you might wonder exactly what impact this may have on ones case. It's possible that refusal to take a breathalyzer test may be instrumental in steering clear of a DUI conviction, but this refusal might have other consequences. Prior to deciding to appear in court, you should find out what effect your refusal to undergo a chemical test will have regarding your DUI defense. Using the assistance of an established DUI attorney, you will familiarize yourself with the laws relevant to chemical testing refusal.

Just about every state comes with an implied consent law having to do with chemical testing to determine your blood alcohol content. Should you be arrested for DUI while driving a vehicle on a public road, you might have given consent to chemical testing for blood alcohol content promptly. The minimum charge for refusal of a test is suspension of your driver's license. Some folks believe that, by refusing the test, they deprive the prosecution of essential evidence for their DUI and thus increase their chances for an acquittal. For chemical test refusal, many states have resolved to give more penalties besides just suspending the driver's license. Extra fines of up to $10,000 may be added on. You might have to purchase more insurance. You may even be forced to pay penalties and spend a while in jail. They are really hoping to prod individuals into agreeing to take the chemical tests.

Refusing a chemical test could possibly be beneficial to you if you are certain the level of your impairment reported by the police officer is incorrect. You may be able to lessen the evidence against you on a DUI conviction if witnesses will verify that you just weren't cognitively impaired when arrested and if you're able to perform field sobriety tests successfully. In this case, you may be able to refuse the chemical testing, thus reducing evidence. This isn't the only way prosecutors will attempt to convict you. So that you can prove guilt, they will use observations from the police officer who arrested you. Cognitive functioning may be one thing that is examined. This is the time it takes for you to respond to certain test exercises. Things including slurred speech as well as delayed coordination are signs or symptoms of impaired cognitive functioning. Furthermore, the smell of alcohol upon your clothing or your breath will probably be taken into account. An eye nystagmus test could be performed. All of them are extra things, which the judge can examine to make a determination on the degree of your impairment.

Another issue with chemical testing refusal is that chemical tests usually are not completely accurate. Blood alcohol tests can indicate that blood alcohol levels are as much as a 15% higher than they actually are. Even though it is possible that you will avoid an incorrect reading if you don't take the test, you must remember that your refusal to undergo the test is another piece of evidence which will be considered by the judge in addition to the previously discussed factors.

It is essential that you connect with a DUI attorney to fully handle your case if you are looking at DUI charges and you have refused to submit to chemical testing. The lawyer has the experience to deliver the best defense when you face the judge. In addition, an expert Albuquerque DUI lawyer can outline the consequences, penalties as well as fines which may be involved and exactly what the best strategies are for your defense before you show up in court.