Refusal Defenses

If you were recently pulled over on suspicion of driving under the influence, you were asked to submit to a chemical test (whether blood, urine, or breath) to determine your blood alcohol content (BAC) level.

Refusing to take a chemical test can be almost as bad as failing it. While the officer will not have proof of your BAC level at the time, there are several other factors that may lead him or her to arrest you for drunk driving, such as your driving patterns or appearance at the time of the arrest (i.e., whether or not your eyes were bloodshot, your speech was slurred, you smelled of alcohol, etc).

Politely declining to take a test can also affect your driver’s license. Your license will be revoked or suspended due to “implied consent.” When you signed the papers necessary to receive your driver’s license, you agreed to comply with an officer’s requests during a traffic stop.

You need to immediately contact an experienced DUI defense attorney if you are facing drinking and driving charges. A good attorney will offer several defense tactics to keep you from facing the penalties associated with DUI conviction. Depending on your state, these penalties can range from time in jail and hefty fines to a driver’s license suspension and the installation of an ignition interlock device.

During a refusal case, what the officer said to you at the time of the traffic stop is extremely important. If the officer misled you during the explanation of your rights, that confusion may help in your defense.

There are some officers who will even count asking a question before agreeing to take the chemical test as a refusal. Appellate courts uphold the driver’s right to ask certain questions before making the decision to take the test, so it is important to hire an attorney who is familiar with this area of law.

If the officer failed to tell properly tell you the consequences of refusing to take the test, this can be used as a defense. Also, if the officer confused you by reading conflicting Miranda rights and implied consent warnings, this will help your case in court.