| Getting a DUI is no fun. In fact, it is probably one of the | | | | to taking this test. That means if you refuse to take |
| least fun things that can ever happen to you. You face | | | | the test, you face an automatic license suspension that |
| losing your driver's license, stiff monetary penalties, jail | | | | is even longer than if you took the test and failed, not |
| time, and a mark on your reputation for a very long | | | | to mention the increased criminal penalties. |
| time. And, to top it off, those investigated and charged | | | | Because of that, deciding whether to take the |
| with DUI often have no idea how to exercise their | | | | breathalyzer test or not is a very serious and |
| rights and make decisions that can give them a much | | | | important decision. And refusing to take the test may |
| greater chance of beating their DUI. One of the areas | | | | or may not make your day in court go any easier. This |
| people lack a substantial amount of knowledge is | | | | is because in most states prosecutor's are allowed to |
| whether or not to take the breathalyzer test when | | | | use the fact that you refused to take a breath test |
| given the option. Read below to learn a little more | | | | against you, despite your fourth amendment right not |
| about your options. | | | | to incriminate yourself. So, first things, first, before you |
| Before I begin, however, I want to make sure you | | | | refuse to take a BAC test, consult a DUI lawyer. |
| understand that this article is for informational purposes | | | | So, should you ever refuse to take a breathalyzer |
| only. I am a Seattle DUI attorney, and as a Seattle DUI | | | | test? In some circumstances it can be beneficial. The |
| lawyer, I know a lot of information about DUIs in the | | | | first is when you need to actually beat a DUI conviction |
| Seattle area. What I don't have a lot of information | | | | because of job responsibilities or some other personal |
| about is DUI law throughout the entire country or your | | | | circumstances. Although the prosecutor can use a |
| particular case. Because of this, you should not rely on | | | | breath test refusal against you, it is much less harmful |
| this information as legal advice. It is for informational | | | | if you can rely on the advice of an attorney in refusing |
| purposes only, to give you an idea of the questions to | | | | the test (we know how inaccurate breath tests can |
| ask your criminal defense attorney when seeking | | | | be). This is why you should always speak with a DUI |
| information. | | | | attorney before deciding whether or not to take the |
| In nearly every state in the United States, there are | | | | breathalyzer test. Limiting the evidence the prosecutor |
| two ways to be guilty of drunk driving - driving when | | | | has can greatly increase your chances of beating a |
| too impaired to drive, and driving with a blood alcohol | | | | DUI outright. |
| content of .08 or over. The legislators in charge of | | | | So, should you ever refuse a breathalyzer test? There |
| making laws have decided that included in your | | | | are times when it is appropriate. But to know what you |
| responsibilities to drive are a per se rule that you | | | | should do in your particular situation, you should ask to |
| should not drive if your BAC is over .08. Because of | | | | speak with an attorney before making the decision. |
| this, if you blow over .08, your license is automatically | | | | Only then can you know your options, how the |
| suspended for a period of time. And even further, by | | | | decision will affect you, and what you should do to |
| getting a driver's license, you have impliedly consented | | | | minimize the damage of an alleged DUI. |