Honolulu DUI Attorney At Law Discusses Declining Chemical Tests

You may ask yourself about the effect on your case in the event you decline to take the breathalyzer test after you've been stopped for DUI. Refusing to have a breathalyzer test might lessen your chances of a DUI conviction, however this choice isn't with out repercussions. Before you attend court, become knowledgeable about info regarding the refusal of chemical testing as well as the repercussions of this choice in regards to your success whenever opposing a DUI charge. An professional Honolulu DUI attorney possesses the information to help you in learning the laws associated with declining chemical testing.

Just about every state has got an implied consent law on chemical testing to discover your blood alcohol content. If you are driving on a public highway and you are stopped for DUI, your agreement to a chemical test is considered implicit. In the event you decline to take a chemical test after the arrest, your driver's license will be suspended at the very least. There are those individuals who would rather lose their license than deal with a DUI charge. Consequently, they turn down the chemical test. Besides just a driver's license suspension, a great number of states have decided to add additional penalties for refusal to take chemical tests. Extra fees might add up to $10,000. You may need to buy much more insurance. You may have to spend time in jail and deal with other penalties - possibly civil or criminal. The objective is to put pressure on individuals to just accept going through with the chemical tests.

Turning down a chemical test may help you in the event you actually believe that the level of your disability as mentioned in the police report was in fact completely wrong. Witnesses who're in a position to attest to your cognitive functioning in addition to your coordination whenever you were arrested will probably be taken into consideration. In addition, if you're able to pass the field sobriety tests, this will be counted in your favor. In the event you choose to decline the chemical test, it might result in decreasing the quantity of proof the prosecutor can use against you when it comes to convicting you for DUI. Nonetheless, it will not be the sole approach the prosecutor will utilize in attempting to convict you. They will often have additional evidence from the arresting policeman's findings which will probably be employed to find you guilty or not. Included may be your cognitive functioning, your reaction time, and a determination whether or not you demonstrated slurred speech and inadequate coordination. Moreover, the results of an eye test may be included. The officer will note whether or not the smell of alcohol was found on your breath or clothing. Most of these will probably be additional points which the judge will think about in choosing the level of your impairment.

Chemical tests are never totally accurate, which can be another factor to consider on chemical testing refusal. Sometimes blood alcohol content results may show as much as a 15% greater blood alcohol content than the actual amount. Refusing the test might help you avoid a false reading, but the refusal in itself can be used as proof against you. The judge will consider all factors when making a decision.

When arrested for DUI you may refuse chemical testing. If this really is the case, it's extremely important that you hire an expert Honolulu DUI attorney. Your lawyer will probably be skilled regarding DUI defense law. They'll be able to create the very best defense possible to present to the judge. You'll be able to understand the most effective tactics, the fines, charges, and consequences involved in DUI prior to going to court if you retain the services of a Honolulu DUI lawyer.