You’ve been pulled over for an alleged DWI charge. The law enforcement officer suggested that he smelled a powerful odor of alcohol and also noticed your bloodshot watery eyes. He then proceeded to conduct field sobriety tests that you did not do well on. You were then placed under arrest and taken at the officer’s station. After a quick wait, the police officer presents you with a choice – submit to an breath test or refuse the test. You knew that this particular decision is important, but you did not follow some simple proven steps.
If you need legal counsel or expert’s assistance from a DWI attorney, I strongly suggest that you get in touch with an attorney that is authorized to practice in your state.
If you have a driver’s license, you then have given the implied consent to undergo a chemical test for the purpose of calculating blood alcohol content. This could seem unconstitutional, a violation of your rights, or downright illegal, but such laws and regulations have been challenged numerous times under the theory that “implied consent” comprises unreasonable search and seizure under the Fourth Amendment. Nonetheless, they have been upheld by the process of law as an appropriate exercise of the States police authority. The reason behind is that driving is considered a privilege and it is the State’s obligation to ensure that dangerous drivers are kept off course thereby assuring that injury, property damage, and also loss of lifestyle is prevented if at all eliminated.
On the other hand, you also have the right to decline such a test in most instances. That is right. You can refuse to submit to the blood alcohol content test. But how does the State consider the refusal when you already have an implied consent when you originally obtained your license? Well, there are numerous effects of that refusal. Chances are when you refuse to submit to the test, your license will be suspended.
Therefore it seems as though the decision is actually between maintaining your license and possessing a suspended license. That makes the decision easy, agreed? Not so quick. There are many factors to consider when coming up with this essential decision. The particular question becomes what your current goal is within this process. Would you like to keep your license? Do you want to prevent getting imprisoned? Would this likely affect your family?
If your aim is to maintain your license, contrary to popular belief, there are arguments that can be built to help you maintain your license. Maybe the police officer didn’t properly inform you in regards to the consequences when you neglect to submit to the actual breath test. Or maybe the test wasn’t conducted in the appropriate timeframe. Furthermore, there is also a possibility that your license will be suspended anyway especially if you submit to the test and there is alcohol content. If your goal is to stay out of jail, by refusing to take the test you’re could be limiting the State’s evidence against you.
The point is that this is a balancing act. You could gain a slight advantage in court by refusing to submit to a chemical test. However, your refusal could bring a wrench to your case.
Each situation differs from the other and the information provided above should not be misconstrued as a legal advice.
