As part of a good defense, many criminal defense attorneys ask that their clients refuse BAC tests when stopped for a possible DUI. This advice has caught a lot of heat from the public and law enforcement citing that it is a costly way to get drunk drivers off of their charges. However, an article published in the Sun Sentinel shows that not only is it good advice to refuse BAC tests, it is such good advice that even judges are taking it.
Several Broward County judges that have recently been pulled over for suspected DUI are showing the public just how a professional does it. Not only did one judge refuse the breath test, she also employed the use of her judge’s badge as a way to smooth over the suspected DUI. The badge flashing did not stop the judge from being arrested but the refusal stopped her from giving the officer additional evidence against her.
Another judge arrested for DUI refused to provide a blood or urine test when stopped, which might have shown that she was driving under the influence of the Xanax prescription found in her car. However, since she did not provide the sample, she was only suspended for 90 days after admitting to driving the morning after taking Ambien to sleep.
As much as people want to reject the idea of breath, blood or urine test refusal as a first line of defense against a DUI, the truth is, it works. Granted, a skilled criminal defense attorney may be able to get a BAC test thrown out. However, if you don’t provide one in the first place, the attorney’s time and energy can go toward getting the charges thrown out, and not the evidence.
Source: Sun Sentinel, “Judges don’t submit to blood or urine tests during a DUI stop, why should you?”, Daniel Vasquez, Sep. 10, 2015