Each state has its own rules and procedures to follow in dealing with driving under the influence (DUI). But for general purposes, there are common grounds by which states agree on. A blood alcohol content test is a procedure necessary to establish proof and evidence on implied driving under the influence charges. Chemical tests and its proxies are taken by police officers. These tests are urine, breath and blood tests. Commonly, police officers will initially apply the breath analyzer to evaluate the alcohol presence inside the body before blood and urine tests are taken. The breath test is useful to establish the prima facie evidence of the charge. And that is one of the main reasons a person should find a DUI lawyer that is well versed with the various laws within the region.
When the police officer takes you to the police station and ask for a breath test, you can refuse at your will. The police officer cannot force to conduct the test without your consent. The refusal must be respected by the police officer, but the officer will make the Refusal Report and send it to the Secretary of State. Because the privilege of driving is under the power of the state, the Secretary of State has the right to restrict that privilege.
The police department cannot constrain you inside the station, without imminent and reasonable charge. After the day you are released and the Refusal Report was sent to the Secretary of State, you are given a period to answer and explain the matter. In some states, there is no need for the person to explain the incident, provided that the police officer has met precondition requirements to prove the presence of alcohol inside the person’s body, regardless of the BAC.
As said earlier, the state has the power to suspend and restrict the driver’s license for one year due to refusal to submit to the breath test. It must be understood that the suspension due to refusal is different from the suspension and penalties due to a DUI or DWI conviction. Simply, if any person who refused to submit to breath test appeals and argues on the preponderance of evidence of such suspension due to refusal, a separate hearing is made aside from the DUI case.
A person pulled by the trooper is between the deep blue sea and the devil. If he or she submits to breath test and other chemical test, a 0.08 BAC, as evaluated, is established, the DUI case against him or her becomes stronger. However, when the person refuses to submit to the test, suspension of the license is apparent, but he or she has higher opportunity to prove innocence of the DUI charge.
A DUI attorney can help you to refute allegation of a breath test refusal. The prosecutor must provide convincing and clear proof of the refusal for the suspension to push through. On the other hand, with the aid of a DUI attorney, you must provide proof that you reasonably refused the test. If the judge finds the paperwork or documents, and testimony of the police officer doubtful and beyond clear preponderance of evidence, the suspension is lifted up and you can enjoy the driver’s license again. However, if you have a DUI charge, you still need to win it to avoid further suspension of the license.