Implied Consent Discussed By A Honolulu Dui Attorney

An officer has pulled you over for a possible DUI. He says that he smells alcohol on your breath and your eyes look bloodshot. You then underwent field sobriety testing, and did not pass. He then arrested you and took you to the precinct. Subsequent to a brief wait, the police give you two options - take a breath test or decline the test. While you realize that this specific decision is crucial, you did not act in accordance with some easy proven steps.

You may want to consider getting expert legal counsel from an attorney that is able to practice in your state, such as a Honolulu DUI attorney. In accepting your driver's license, you have given your consent to a blood alcohol test to determine whether or not you were driving under influence. It may seem that this sort of decision is a violation of your rights or unconstitutional, and indeed, this sort of law and regulation that invokes implied consent has been questioned as provoking unreasonable search and seizure as described in the 4th Amendment. However, they are acting perfectly within the bounds of the State's police powers. The logic behind this is based in the fact that it's a privilege (not a right) to drive. Your state is required to be certain that drivers who present a danger are not allowed to drive. This is a way of protecting life and limb as well as property.

In most cases, you are within your right to refuse to take the test. That is your right. You can also refuse to take the blood alcohol content test. However, given that obtaining your license constituted implied consent to a blood alcohol test, the state has a number of ways to respond to your refusal. There are a number of negative effects of this refusal. There's a good chance your license will be suspended if you refuse to take the test.

Therefore, it seems like you are actually deciding whether you will keep your license or have a license that has been suspended. This is a simple decision, right? Hold on a second. There are some choices you need to think about before you come up with this decision. The key question is reduced to: what is your objective from this process? Do you want to keep your driver's license? Are you trying to avoid jail time? Would your family be affected by this?

If your desire is to keep your license, there are arguments one can make to help keep your license. Perhaps the police officer did not explain what would happen to you if you refused to have a breath test conducted to measure your blood alcohol content. It is also possible the test wasn't administered in the appropriate time frame. In addition, it is likely that your license will be suspended anyhow, in particular if you take the test and alcohol is detected. Refusing the test could limit the amount of evidence that the State can gather against you, which would obviously help keep you from getting convicted, but this plan could also backfire.

You need to strike a balance. You might achieve a slight advantage in court if you refuse to take the chemical test. This refusal could also throw a wrench in your case. Every situation is different and the information we suggest shouldn't be taken as legal advice. You need to contact a Honolulu DUI attorney right away for expert advice.