When pulled over for DUI, an officer might request that you submit to a breath test known as Preliminary Alcohol Screening (PAS) which utilizes handheld innovation to measure your blood-alcohol material (BAC). While refusing this test is technically legal, doing so may boost a case against you must the officer suspect you of intoxication.
If your arrest was justified by possible cause, police officers will still desire you to submit to a post-arrest breath test at either a police headquarters or medical facility instantly following your arrest. Declining such tests generally causes civil or administrative penalties such as license suspension that can be utilized against you at trial as extra penalty in addition to criminal DUI penalties.
Choosing whether to send to a breathalyzer test requires more believed and factor to consider than simply knowing your state’s laws on this problem. Often it might make sense for you to opt out, specifically if your blood alcohol concentration (BAC) will fall below the legal limit of 0.08% and could lead to lower charges such as driving while ability impaired (DWAI) rather than DUI with minimized jail sentences and fines.
If your level of intoxication is most likely and particularly extreme to go beyond legal limitations, taking the breathalyzer test might make sense in order to thwart prosecution and, possibly, persuade a judge or jury at your DUI trial that refusing is not indicative of guilt.
Keep these considerations in mind as well. In lots of states, refusing a breathalyzer test will cause your insurance coverage rates to increase; often even leading insurance providers to cancel your policy completely; need to this happen, a lawyer ought to be hired in order to protect you in court against these insurers. If you discover the topic of what you read so far, intriguing which you need more information regarding the topic, then please visit us or refer to the following web link radexemfreader.com.!
Declining to take a breathalyzer test does not make up an admission of guilt; nevertheless, it can raise suspicion among police officers and judges/jurors at your DUI trial. Dealing with a knowledgeable criminal defense lawyer will allow you to weigh the benefits and drawbacks of declining a breathalyzer or taking test and can safeguard you versus any subsequent charges arising from that rejection.
Speak with one of our DUI legal representatives instantly for more info on how we can help if you have been charged with DUI in Massachusetts. Require a free initial consultation or submit our online type; our representation covers Boston, Somerville and Newton in addition to surrounding communities within Massachusetts. In addition, our legal representatives manage appeals on behalf of customers charged with driving offenses before state courts in Massachusetts as well as appeals courts such as MAAC or perhaps Supreme Judicial Court of United States.