DUI Breath Test – Can I Refuse?

It is incorrect to simply believe that you can refuse to take a breath test when an officer requests that you do so on suspicion that you are driving with a blood alcohol content (BAC) above the legal limit. As it turns out, in many states, whoever receives a state driver license gives “implied consent” to any such request made by a police officer. Refusing such a test can get you into more trouble than you were in previously, including having your license suspended on administrative grounds which can be very difficult to have reversed and can last longer than a suspension should you be found guilty of DUI. So it may be in your best interests to simply take the breath test. It is important to know that you always have the right to discuss things with your attorney. In some states you can claim this right even before deciding whether to take the breath test as long as it doesn’t interfere with the test itself.

While such evidence is often very important to the prosecution’s case, this does not mean that the breath test evidence will actually make it to court, however. Over the past year there has been a fair amount of question called regarding the accuracy of a particular model of breathalyzer machines. The accuracy of the Intoxilyzer 5000 has been called into question by the Office of the Attorney General in Washington, DC and accordingly readings taken by this device were often not admitted into evidence.

Other models of the Intoxilyzer have had even more interesting results. If your Car Accident Attorney Kansas City is able to cast enough doubt on the reliability of the results of the test, it may be dismissed from evidence entirely, or it may allow a judge or jury to find the case in your favor.

So taking the breath test and having it read above the legal limit does not automatically signal conviction. In some circumstances the admissibility of this evidence can be questioned, and even when it is admitted, the accuracy of the reading can be called into question. Besides, refusing to take the breath test will only get you into bigger trouble than you may already be in. You need a lawyer who understands the intricacies of the law surrounding DUI cases. Finding the best DUI lawyer for you is your first step to getting the best possible result for the situation in which you find yourself. Do yourself a favor and make a good analysis of all of your options before making a final choice on who will represent you.