When pulled over for DUI, an officer may ask for that you submit to a breath test known as Initial Alcohol Screening (PAS) which uses portable innovation to measure your blood-alcohol content (BAC). While refusing this test is technically legal, doing so may strengthen a case versus you should the officer suspect you of intoxication.
If your arrest was justified by likely cause, police officers will still desire you to send to a post-arrest breath test at either a police station or healthcare facility instantly following your arrest. Declining such tests normally causes administrative or civil charges such as license suspension that can be utilized versus you at trial as extra penalty in addition to criminal DUI charges.
Up In Arms About Breathalyzers?
Choosing whether to send to a breathalyzer test needs more thought and factor to consider than merely understanding your state’s laws on this issue. Sometimes it might make good sense for you to pull out, specifically if your blood alcohol concentration (BAC) will fall listed below the legal limitation of 0.08% and might result in lesser charges such as driving while capability impaired (DWAI) instead of DUI with lowered prison sentences and fines.
If your level of intoxication is particularly extreme and most likely to surpass legal limitations, taking the breathalyzer test may make good sense in order to ward off prosecution and, potentially, convince a judge or jury at your DUI trial that refusing is not a sign of guilt.
Keep these factors to consider in mind. In many states, refusing a breathalyzer test will trigger your insurance rates to increase; in some cases even leading insurance providers to cancel your policy entirely; need to this happen, an attorney should be employed in order to defend you in court against these insurance providers. If you discover the topic of what you have seen fascinating and that you need more info regarding the topic, then please pay us a visit or click the following site link Radexemfreader..!
Declining to take a breathalyzer test does not constitute an admission of guilt; however, it can raise suspicion amongst policeman and judges/jurors at your DUI trial. Dealing with a knowledgeable criminal defense lawyer will allow you to weigh the pros and cons of declining a breathalyzer or taking test and can safeguard you against any subsequent charges resulting from that rejection.
If you have been charged with DUI in Massachusetts, speak to among our DUI attorneys immediately for additional information on how we can assist. Require a free preliminary assessment or complete our online form; our representation covers Boston, Somerville and Newton along with surrounding communities within Massachusetts. Additionally, our attorneys manage appeals on behalf of clients charged with driving offenses before state courts in Massachusetts as well as appeals courts such as MAAC or even Supreme Judicial Court of United States.
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