Honolulu DUI Lawyer Talks About Declining Chemical Tests
You may ask yourself about the impact on your case in the event you decline to take the breathalyzer test after you have already been stopped for DUI. Refusing to have a breathalyzer test might lessen your chances of a DUI conviction, yet this decision isn’t with out consequences. Before you attend court, become knowledgeable about info regarding the refusal of chemical testing and the consequences of this choice with regard to your success when opposing a DUI charge. An professional
Honolulu DUI attorney has the knowledge to help you in comprehending the laws connected with declining chemical testing.
Nearly every state has an implied consent law on chemical testing to discover your blood alcohol content. If you’re driving on a public highway and you are stopped for DUI, your consent to a chemical test is considered implicit. If you decline to take a chemical test after the arrest, your driver’s license will be suspended at the very least. You will find those individuals who would prefer to lose their license than deal with a DUI charge. Therefore, they turn down the chemical test. In addition to a driver’s license suspension, a good number of states have made a decision to include additional penalties for refusal to take chemical tests. Additional fees might add up to $10,000. You may have to buy much more insurance coverage. You may need to invest time in jail and deal with additional fees and penalties – either civil or criminal. The objective would be to put pressure on individuals to just accept going through with the chemical tests.
Declining a chemical test might help you in the event you actually think that the degree of your impairment as mentioned in the police report was basically completely wrong. Witnesses who’re in a position to attest to your cognitive functioning in addition to your coordination when you were arrested will be taken into account. In addition, if you’re able to pass the field sobriety tests, this will count in your favor. In the event you choose to decline the chemical test, it may result in decreasing the amount of data the prosecutor may use against you when it comes to convicting you for DUI. Nevertheless, it won’t be the sole strategy the prosecutor will employ in trying to convict you. They will often have additional evidence from the arresting policeman’s observations which will probably be employed to find you guilty or not. Included may be your cognitive functioning, ones reaction time, along with a determination if you showed slurred speech and inadequate coordination. Furthermore, the results of an eye test may be incorporated. The officer will mention whether or not the smell of alcohol was found on your breath or garments. Most of these will probably be extra points which the judge will think about in choosing the level of your impairment.
Chemical tests are never totally accurate, which is another thing 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 quantity. Refusing the test might help you steer clear of a false reading, but the refusal in itself can be used as evidence against you. The judge will consider all aspects when making a choice. Your Honolulu DUI defense will also be able to lend you advice in this decision.
When arrested for DUI you may refuse chemical testing. If this really is the case, it’s very important that you hire an expert Honolulu DUI lawyer . Your lawyer will be skilled regarding DUI defense law. They’ll be able to produce the best defense possible to present to the judge. You will be able to understand the most effective tactics, the fines, penalties, and consequences involved in DUI prior to going to court if you retain the services of a Honolulu DUI lawyer.