Honolulu DUI Attorney Examines Declining Chemical Tests

You may wonder about the influence on your case in the event you decline to take the breathalyzer test after you have already been stopped for DUI. Declining to take a breathalyzer test may lessen your chances of a DUI conviction, but this decision is not without repercussions. Before you go to court, become familiar with info concerning the refusal of chemical testing as well as the repercussions of this decision in regards to your success when opposing a DUI charge. A DUI attorney Honolulu possesses the knowledge to assist you in understanding the laws related to declining chemical testing.

Pretty much every state has an implied consent law on chemical testing to discover your blood alcohol content. If you're driving on a public highway and you are stopped for DUI, your consent to a chemical test is regarded as implicit. If you decline to have a chemical test subsequent to the arrest, your driver's license will be suspended at the very least. There are those people who would prefer to lose the license than deal with a DUI charge. Consequently, they turn down the chemical test. Besides just a driver's license suspension, a great number of states have made a decision to include additional penalties for refusal to take chemical tests. Additional fees may add up to $10,000. You may have to buy more insurance. You may need to spend time in jail and deal with additional fees and penalties - possibly civil or criminal. The objective would be to put pressure on people to just accept going through with the chemical tests.

Turning down a chemical test might aid you in the event you really think that the degree of your disability as mentioned in the police report was basically completely wrong. Witnesses who're able to attest to your cognitive functioning as well as your coordination whenever you were arrested will probably be taken into account. Additionally, if you are able to pass the field sobriety tests, this may be counted in your favor. In the event you choose to refuse the chemical test, it might result in reducing the quantity of proof the prosecutor may use against you when it comes to convicting you for DUI. Nevertheless, it won't be the sole strategy the prosecutor will make use of in trying to convict you. They'll frequently have extra evidence from the arresting policeman's findings which will probably be employed to find you guilty or otherwise. Included might be your cognitive functioning, your reaction time, along with a determination if you exhibited slurred speech and poor coordination. Moreover, the results of an eye test might be included. The officer will note whether the smell of alcohol was found on your breath or garments. All of these will probably be extra points that the court will think about in deciding on the degree of your incapacity.

Chemical tests are never totally accurate, which can be another thing to think about on chemical testing refusal. Sometimes blood alcohol content results may show as much as a 15% higher blood alcohol content than the actual amount. Refusing the test may assist you to avoid a false reading, but the refusal in itself can be used as evidence against you. The judge will consider all factors when making a choice.

When charged with DUI you might decline chemical testing. If this is the case, it is very important that you hire an expert Honolulu DUI lawyer. Your attorney will probably be experienced concerning DUI defense law. They will have the ability to produce the best defense achievable to present to the judge. You'll have the ability to fully grasp the most effective tactics, the fines, penalties, and repercussions involved in DUI prior to going to court if you retain the services of a Honolulu DUI lawyer.