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Posts tagged "Breath test refusal"

Can I request an independent blood test?

Many people have heard of and are familiar with the breath test as conducted by law enforcement at the time of a traffic stop where suspicion of driving under the influence is a factor. Many people have also heard the test can be inaccurate and unreliable. And then, in some cases, a breath or urine test may be deemed impossible or simply impractical and a blood test is instead ordered when law enforcement suspects a person of operating their vehicle while under the influence. The blood test is used to determine to presence and content of alcohol within your blood and possibly any controlled or chemical substances in the blood. But what if you don't trust the test performed on you or think the results are inaccurate?

Drunk driving charges follow dunked car

When you are navigating the roads at night, you are not always able to see with the ease you have during the day. Sometimes there are no streetlights, other times a car may not have its lights on, and sometimes people wear dark clothes and nothing reflective to catch your car's lights and alert you to their proximity. Even still, lights from other sources when directly in your line of vision can make it difficult for you to see and provide moments of uncertainty and panic.

U.S. Supreme Court Permits Warrantless Breathalyzer Tests

Late in June, the Supreme Court established new legal parameters for testing the blood alcohol content (BAC) of persons suspected of drunk driving. Namely, they ruled that individuals may refuse warrantless blood tests and suffer no punishment, but that the refusal of a warrantless breathalyzer test can land one in jail.

Waiting to exhale

Getting pulled over for suspicion of DUI is frightening. If you haven't had a single drop of alcohol, you may be safe to agree to a Blood Alcohol Content test. Then again, you may not. This is why, even though you may be treated as if you have just admitted guilt and you may feel as if you are admitting guilt, it makes good sense to refuse a BAC breath test. You can better understand why when you better understand how a Breathalyzer works in the first place.

Florida personal injury attorney refuses breath test

It is a common enough offense that many people will allege to have been guilty of at some point, whether they ever faced charges or not. With alcohol being such a common part of our society's celebration, the decision to get behind the wheel of a car after drinking alcohol is simply something many of us have done. However, there are unfortunate incidents where someone's drinking is blamed for an accident, whether it was a contributing factor or not.

Can I refuse a breath test if stopped for suspicion of DUI?

A breath test is a test administered to determine the blood-alcohol content level of someone suspected of driving under the influence. If the suspect is over the legal limit (in Florida, it's a concentration level of 0.08 percent or above), there can be serious consequences. When an individual is pulled over for suspected DUI, sometimes the first instinct will be to refuse the Breathalyzer.

A strong defense at your DMV hearing

Many drivers are reluctant to provide officers with a breath test during a DUI stop in fear that it will lead to a criminal conviction. While this may typically be the recommended course of action, refusing a breath test may result in an automatic one-year suspension of a driver's license regardless of the outcome of the traffic stop. Fortunately, drivers facing a one-year suspension for breath test refusal are given a chance to defend their actions during a DMV hearing. By working with an experienced DUI defense attorney, these individuals may be able to work with the DMV toward license reinstatement.

Is the penalty for a refusal worse for a second offense?

During a traffic stop, drivers under suspicion of intoxication may be so nervous that they forget their basic rights. Fortunately, part of the officer's spiel should be informing drivers of the penalty they may face for refusing a breath test. While the threat of license suspension may be a terrifying thought, it should serve as a reminder that everyone has the right to refuse chemical testing.

What should I expect if I refuse a Breathalyzer?

No matter what it's for, being pulled over by an officer is stressful and scary. It may be even more so if you have been drinking. Fortunately, even if pulled over on suspicion of DUI, you have rights. Understanding your rights and knowing what to expect after an arrest or refusal can be valuable information and may even be able to help you in the long run.

Sheriff refuses sobriety test and faces DUI

Many DUI defense attorneys will warn individuals who are stopped on suspicion of DUI against providing a field sobriety or breath test. They typically do this because it is easier for them to defend against the charge of DUI when there is not a field sobriety test or breath test looming over their client. Even though this is a common suggestion, in practice, many individuals find it very difficult. It is our right to refuse, yet some people still don't exercise this right for fear of what the arresting officer will say. Fortunately, it may get a little easier for some individuals in Florida after reading about a Sheriff Deputy's recent arrest.

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