Just about every state has an implied consent law on chemical testing to find out your blood alcohol content. If you are driving on a public roadway and you are stopped for DUI, your agreement to a chemical test is considered implicit. If you decline to take a chemical test subsequent to the arrest, your driver's license will be suspended at the very least. There are those people who would rather lose their license than face a DUI charge. Therefore, they refuse the chemical test. Besides just a driver's license suspension, a good number of states have decided to add more penalties for refusal to take chemical tests. Additional fees may add up to $10,000. You may have to purchase more insurance. You may have to spend time in jail and face other penalties - either civil or criminal. The objective is to put pressure on individuals to accept going through with the chemical tests.
Declining a chemical test could aid you if you actually believe that the level of your impairment as stated in the police report was incorrect. Witnesses who are able to attest to your cognitive functioning as well as your coordination when you were arrested will be taken into account. Additionally, if you are able to pass the field sobriety tests, this will count in your favor. If you choose to refuse the chemical test, it may result in reducing the amount of evidence the prosecutor can use against you in convicting you for DUI. Nonetheless, it won't be the sole strategy the prosecutor will employ in attempting to convict you. They will often have additional evidence from the arresting policeman's observations which will be employed to find you guilty or not. Included may be your cognitive functioning, your reaction time, and a determination whether or not you exhibited slurred speech and poor coordination. Furthermore, the results of an eye test may be included. The officer will note whether the smell of alcohol was present on your breath or clothing. All of these will be additional points which the judge will consider in deciding on the level of your impairment.
Chemical tests are never completely accurate, which is another thing to think about on chemical testing refusal. Sometimes blood alcohol content results may show as much as a 15% greater blood alcohol content than the actual amount. Refusing the test may help you 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 decision.
When arrested for DUI you may refuse chemical testing. If this is the case, it is very important that you hire an expert Honolulu DUI attorney. Your attorney will be experienced regarding DUI defense law. They will be able to create the best defense possible to present to the judge. You will be able to understand the best strategies, the fines, penalties, and consequences involved in DUI before going to court if you hire a Honolulu DUI attorney.
Tim Tiburon submits articles for the expert somekeyword at DUI Honolulu.com. If facing DUI charges it is important to get the best somekeyword you can afford. For a free consultation, please visit DUI Honolulu.com or call (808) 377-4103 to speak with an expert Honolulu DUI attorney.
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