Clearwater DUI criminal defense lawyers - Articles

DUI Breath Test: It’s Your Right to Refuse

If you have ever been pulled over under suspicion of drunk driving, you may be aware of the many tests that police officers use to determine whether or not you are driving while intoxicated. One of the tests that a police officer may wish to perform is a breath test. In order to complete this test, you will be asked to breathe into a breathalyzer machine. This machine is used by law enforcement officials to properly read your blood alcohol concentration (BAC) level.

During the test, a police officer will ask you to blow into a small machine for several seconds. As you breathe into the machine, an infrared light inside of the machine calculates your BAC and reports the findings on the display screen for the officer to read. For the most part, the legal BAC level in the United States is 0.8.

Your Legal Right

Although you may feel intimidated by the law enforcement official who pulls your vehicle over, it is important for you to realize that it is your right to refuse to take a breath test. It is also important to understand, however, that doing so has consequences. When you signed documents to receive your driver’s license, you agreed to show your license and proof of insurance when asked by a police officer, as well as perform field sobriety tests and complete blood, urine, and breath tests if requested.

This “implied consent” means that if you refuse to take the breath test, your license will automatically be suspended, whether or not you are convicted of DUI charges. Also, refusing to take a breath test does not guarantee that you will not be arrested by the law enforcement official. In fact, a law enforcement official has the power to arrest you for probable cause.

If you are approached by a police officer, stay calm and be as polite as possible. Violent or rude behavior can be used against you in a court of law. If you take the breath test and blow higher than a 0.8, there are still many ways to challenge any DUI charges brought against you, including:

• Challenging the accuracy of the test
• Challenging the manner in which the test was administered
• Challenging whether or not the machine was properly maintained and calibrated

If you have been accused of driving under the influence, it is in your best interest to contact an experienced Clearwater DUI criminal defense lawyer at the law offices of Tragos & Sartes. Our attorneys understand the negative impact that a conviction could have on your life and will work aggressively to protect your rights. Your initial consultation is completely free of charge and is a chance to have your case evaluated by a skilled Clearwater DUI attorney. Contact the experienced Clearwater DUI criminal defense lawyers of Tragos and Sartes today for more information.