Albuquerque Dui Attorney Gives You Issues To Think About Regarding Refusing Chemical Testing

If you refused to submit to a breathalyzer test when you were pulled over for DUI, you may wonder what impact this will have on your case. It is possible that refusal to take a breathalyzer test could be instrumental in avoiding a DUI conviction, but this refusal can have other consequences. Before you appear in court, you should find out what impact your refusal to submit to a chemical test will have with regard to your DUI defense. With the assistance of an expert DUI attorney, you will become familiar with the laws relevant to chemical testing refusal.

Just about every state carries an implied consent law having to do with chemical testing to measure your blood alcohol content. If you are arrested for DUI while driving on a public road, you have given consent to chemical testing for blood alcohol content automatically. The minimum charge for refusal of a test is suspension of your driver's license. Some people believe that, by refusing the test, they deprive the prosecution with necessary evidence for their DUI and thereby increase their chances at an acquittal. For chemical test refusal, many states have resolved to give more penalties besides just suspending the driver's license. Additional fines of as much as $10,000 may be tacked on. You may have to purchase more insurance. You may also have to pay penalties and spend some time in jail. They are hoping to prod individuals into agreeing to take the chemical tests.

Refusing a chemical test could be beneficial to you if you are certain the level of your impairment as reported by the police officer is inaccurate. You may be able to minimize the evidence against you for a DUI conviction if witnesses will verify that you were not cognitively impaired when arrested and if you are able to perform field sobriety tests successfully. In this case, you may be able to refuse the chemical testing, thereby reducing evidence. This is not the only way prosecutors will try to convict you. In order to prove guilt, they will use observations from the police officer who arrested you. Cognitive functioning may be one thing that is tested. This is the time it takes for you to react to certain test activities. Things such as slurred speech and delayed coordination are indicators of impaired cognitive functioning. Additionally, the smell of alcohol on your clothing or your breath will be taken into account. An eye nystagmus test may be performed. All of them are extra things, which the judge will examine to make a determination on the degree of your impairment.

Another problem with chemical testing refusal is that chemical tests are not completely accurate. Blood alcohol tests can indicate that blood alcohol levels are as much as a 15% higher than they actually are. While it is possible that you will avoid a false reading if you do not take the test, you must remember that your refusal to submit to the test is another piece of evidence that will be considered by the judge in addition to the previously discussed factors.

It is essential that you engage a DUI attorney to represent you if you are facing DUI charges and you have refused to submit to chemical testing. The attorney has the experience to provide the best defense when you face the judge. In addition, an expert DUI attorney can outline the consequences, penalties and fines that may be involved and what the best strategies are for your defense before you appear in court.