An Indianapolis DUI Attorney At Law Examines What To Consider When Declining A Chemical Test
You might speculate what effect the breathalyzer test results could have on your particular case. Although refusing a breathalyzer test may assist your DUI case, there are additional impacts you should consider. Just before showing up at court, you need to go over the facts on chemical test refusal and also the ramification, which may impact a successful DUI defense. You can get help in becoming familiar with laws regarding refusal of tests from a knowledgeable Indianapolis DUI attorney.
Each and every state has implied consent laws concerning chemical tests for alcohol in your system. Simply put, if you are arrested for DUI on the public road, you have automatically consented to take a chemical test to determine your blood alcohol content. Your driver's license will be suspended at least should you decline to undergo a chemical test once you have been arrested. Some people are convinced that they've a lesser chance of getting convicted for DUI if no test results exist, so they take a chance on getting their license revoked by saying no to the chemical test. In addition to just a driver's license suspension, many states have chosen to hand out extra penalties for chemical test refusal. Those penalties could be extra fines of as much as $10,000, extra insurance specifications leading to greater expenses, jail time and other criminal or civil penalties. These penalties are to stimulate more men and women to submit to taking chemical tests.
Declining a chemical test could be a good factor to complete in the event you really think that the degree of one's impairment was stated incorrectly in the police report. Whenever you resist the chemical test, you might effectively reduce the volume of evidence the da has to convict you of DUI. This really is especially accurate if you will find witnesses who can attest to your evident sobriety during the time you were arrested. Even more so in the event you had been able to successfully pass the field sobriety tests. This won't be the only way the prosecutor will try to convict you. Your guilt will certainly depend somewhat upon observations made by the policeman who arrested you. They'll consider whether or not the odor of alcohol is detectable, whether or not you had been exhibiting normal cognitive function, the results of a response time and eye nystagmus test, whether or not you had slower speech, and whether or not your co-ordination is off. Every one of these extra elements will be analyzed by the judge to establish whether or not you are impaired. Don't think about refusing any chemical testing without first consulting with an expert DUI lawyer.
All of that will be extra items, which the judge will look at in deciding whether or not you're impaired. Blood alcohol tests can return results 15% over a person's real BAC. Not accepting the test will stop a incorrect reading, but it will send up other red flags for the judge. The fact that you refused the test might be used as evidence of your intoxication. That is why this choice must be weighed extremely cautiously.
You must hire a qualified Indianapolis DUI lawyer with expertise regarding DUI for those who have refused to undergo chemical testing. Your seasoned attorney can establish the best defense possible for you and offer it to the court. There will be repercussions, fines and charges, as well as specific tactics that can help in your defense that will be best explained by a personal DUI lawyer.