When pulled over for DUI, an officer might request that you send to a breath test known as Preliminary Alcohol Screening (PAS) which uses portable technology to determine your blood-alcohol material (BAC). While declining this test is technically legal, doing so may strengthen a case versus you must the officer think you of intoxication.
If your arrest was validated by likely cause, law enforcement officer will still desire you to send to a post-arrest breath test at either a police station or healthcare facility right away following your arrest. Refusing such tests typically results in administrative or civil charges such as license suspension that can be used versus you at trial as additional penalty in addition to criminal DUI charges.
Breathalyzers: Are You Ready For A Good Factor?
Choosing whether to send to a breathalyzer test requires more believed and consideration than just knowing your state’s laws on this problem. Often it might make good sense for you to opt out, specifically if your blood alcohol concentration (BAC) will fall listed below the legal limitation of 0.08% and could result in lower charges such as driving while ability impaired (DWAI) instead of DUI with decreased jail sentences and fines.
If your level of intoxication is likely and particularly extreme to surpass legal limits, taking the breathalyzer test might make good sense in order to prevent prosecution and, potentially, persuade a judge or jury at your DUI trial that refusing is not a sign of regret.
Keep these factors to consider in mind. In lots of states, refusing a breathalyzer test will cause your insurance coverage rates to increase; sometimes even leading insurance companies to cancel your policy altogether; should this happen, an attorney needs to be hired in order to protect you in court versus these insurance providers. If you find the topic of what you read so far, intriguing and that you need more details regarding the topic, then please visit us or click the following site link radexemfreader.com.
Declining to take a breathalyzer test does not make up an admission of guilt; however, it can raise suspicion among law enforcement officer and judges/jurors at your DUI trial. Working with a knowledgeable criminal defense lawyer will permit you to weigh the benefits and drawbacks of declining a breathalyzer or taking test and can defend you versus any subsequent charges resulting from that refusal.
Speak with one of our DUI attorneys immediately for more info on how we can help if you have been charged with DUI in Massachusetts. Call for a complimentary preliminary consultation or complete our online form; our representation covers Boston, Somerville and Newton in addition to surrounding communities within Massachusetts. Additionally, our attorneys manage appeals on behalf of customers charged with driving offenses before state courts in Massachusetts in addition to appeals courts such as MAAC or perhaps Supreme Judicial Court of United States.