| For a DUI attorney, the issue as to whether someone | | | | State DUI laws before deciding to take a breath test? |
| should take a breath test when stopped for suspected | | | | No. In most if not all criminal law courts the results of |
| DUI is one of the most common questions asked. As | | | | a certified breath test as to whether one is above the |
| with most issues in the area of criminal DUI law, the | | | | state's legal limit for DUI is considered, "non |
| answers are not always clear cut. | | | | testimonial." This generally means that breath test |
| Most criminal DUI courts nationwide in association with | | | | results are evidence based on what you've done and |
| departments of motor vehicles have some variations | | | | not what you've said. Since performance of field |
| of mandatory license suspensions imposed if it is | | | | sobriety test and breath test results for DUI are not |
| determined by a criminal DUI court judge that someone | | | | based on words said they are not usually considered |
| suspected of drunk driving has refused to submit to a | | | | "testimony" for purposes of a suspected drunk driver's |
| breath test offered. This breath test and drivers | | | | right to have a DUI lawyer present in making the |
| obligation to submit to such a test is often known as | | | | decision as to whether to submit to such a test. As |
| "implied consent." Implied consent in simple terms | | | | always, it is good practice to consult with an |
| basically is the concept that operating a motor vehicle | | | | experienced DUI law attorney in your state as to the |
| on state roadways is a privilege and not a right. As a | | | | application of implied consent laws and a drunk driving |
| result, even if one were to be found not guilty of drunk | | | | officer's limitations in acquiring potentially incriminating |
| driving under a criminal court's DUI laws, depending | | | | evidence. |
| upon the arresting state, it is still possible to lose one's | | | | Generally, many DUI law attorneys would agree that |
| license for a fixed period of time simply for refusing to | | | | often a decision as to whether one should submit to a |
| submit to such a test. | | | | breath test is based upon what one fears more; |
| Unlike a standard of proof of, "beyond a reasonable | | | | criminal law penalty or mandatory license suspension. |
| doubt," that a prosecutor must establish to find one | | | | If, for example, one prosecuted for DUI has a lengthy |
| guilty of a DUI offense, in most, if not all DUI law | | | | criminal history of drunk driving or other criminal crimes, |
| jurisdictions, the proof required to suspend one's | | | | such a person may wish to deprive the state |
| license for refusing to submit to a breath test under | | | | prosecutor of a valuable piece of evidence, namely a |
| the doctrine of implied consent is by a "preponderance | | | | breath test result, where one has no alternative but to |
| of evidence." Or in other more realistic terms, the police | | | | roll the dice at trial or face lengthy imprisonment |
| officer's word versus the word of one suspected of | | | | potentially longer than a potential license suspension |
| DUI as to whether a breath test was knowingly | | | | imposed. |
| refused after the suspected drunk driver was advised | | | | However, in the majority of DUI law cases, if a person |
| of his obligation to submit to such a test and the | | | | is facing a first time or sometimes a second time DUI |
| mandatory license suspension that will result if the | | | | offense, it is often the case that a license suspension |
| breath test is not submitted to. It is not uncommon for | | | | imposed up to 10 times longer simply for a breath test |
| a police officer to simply read implied consent wording | | | | refusal is not worth the risk, especially where the |
| off of an index card in a court of law to meet such a | | | | suspected drunk driver in consultation with a DUI law |
| burden of proof. | | | | attorney is not facing mandatory jail time, and does not |
| Question: Don't I have the right to a DUI attorney under | | | | believe it is in his or her best interest to go to trial. |