Is there a loophole when pulled over for suspicion on DUI by not refusing a breathtest but wait for my lawyer?
Tuesday, November 13th, 2007 at
5:18 am
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refusal usually ends up as a suspended license…your state law has that covered,
You have no right to ‘wait for your lawyer to show up’. You have the right to a lawyer and you will be given the opportunity to contact one – AFTER you are arrested and charged for failing to comply.
In some states, you can refuse a breathalyzer test but you must give a blood sample.
There are no loopholes, the breathalyzer must be taken asap or else the actual alcohol level would metabolize and the case would be dismissed. Legally, I could compare this to a Terry Search (Terry v Ohio). If there are any attorneys out there please advise me if I am wrong.
All the states in the USA have a requirement when you apply for your drivers license in where you agree to submit to the states test of breath, blood or urine for alcohol or face immediate suspension of your privilege to drive.
Stalling for your lawyer is the same as a refusal, congratulations you can’t drive anymore.
As long as there is no forced blood draw, the DUI suspect who refuses
to take a chemical test can potentially gain some advantages by refusing.
Unless a forced blood draw, the prosecution does not have a blood level
number to rely upon and has the more difficult job of proving impairment
as defined in California ’s jury instructions. However, this is of limited value
according to most California DUI lawyers.
Many DUI defendants are charged with refusal because at the time they
were asked to take a chemical test, the DUI defendant believed that
they had the right to speak to a California DUI lawyer.
While this may be the law in some states, it is not the law in California. This
mistaken belief has lead to many refusal cases, per California DUI lawyers.
In many California DUI lawyer cases, the defendant agrees to take the
voluntary field sobriety tests while refusing to take the mandatory chemical
test. What this means is that in many refusal cases, the
prosecutor still has evidence of impairment through the officer’s
testimony about the DUI suspect’s performance on the field sobriety
tests.
Another common error DUI defendants tell California DUI lawyers is to
assume that by submitting to the preliminary alcohol screening (PAS) test,
that they have satisfied their obligation to give a chemical test.
In some California DUI lawyer cases, under the right facts, this
can be a winning argument. However, in most California DUI lawyer
cases, the refusal will still be charged.
If the DUI defendant decides to go to trial and is found innocent of
the charge of driving while intoxicated, than the defendant can’t be
found guilty of refusing a chemical test, California DUI lawyers explain.
Try getting advice from a professional, they should know the ins and out of Indiana law by heart.