By Jonathan Stone -
It is incorrect to believe refusing to take a breath test when an officer requests that you do so on suspicion that you are driving with a blood alcohol content (BAC) above the legal limit has no long term consequences. As it turns out, in most states, every driver that receives a license gives “implied consent” to any such request made by a police officer. Refusing such a test can get you into more trouble than you were in previously, including having your license suspended on administrative grounds which can be very difficult to have reversed and can last longer than a suspension should you be found guilty of DUI. So it may be in your best interests to simply take the breath test. Because each state is different, you should consult a lawyer in deciding whether it is in your best interests to refuse such a test.
Even if you do take the test, there is still a chance that the test results will not be admissible in court. Over the past year there has been a fair amount of question called regarding the accuracy of a particular model of breathalyzer machines. The accuracy of the Intoxilyzer 5000 has been called into question by the Office of the Attorney General in Washington, DC and accordingly readings taken by this device were often not admitted into evidence. Other models of the Intoxilyzer have had even more interesting results (http://virginiaduilawyer.clarislaw.com/virginia-dui/virginia-breath-test-proven-unreliable.php#more). Additionally, there are often procedural and other grounds on which a dismissal of that evidence may be possible.
So taking the breath test and having it read above the legal limit does not automatically signal conviction (though if admitted into evidence, this can be very damaging). In some circumstances the admissibility of this evidence can be questioned, and even when it is admitted, the accuracy of the reading can be called into question. Besides, refusing to take the breath test could only get you into bigger trouble than you may already be in. You need a lawyer who understands the intricacies of the law surrounding DUI in the states where you were arrested. Finding the best DUI lawyer for you is your first step to getting the best possible result for the situation in which you find yourself. Do yourself a favor and make a good analysis of all of your options before making a final choice on who will represent you.
If your live in Baltimore or Maryland and were arrested for DUI visit our site to find the strongest Baltimore dui attorney for your case.
Jonathan Stone is an expert on the practical implications of criminal law. He lives in the Baltimore, Maryland metro area and writes articles for information hubs such as BaltimoreDUIlawyers.org and Virginia DUI Lawyer Virginia Blog.