Category: DUI Lawyers
Just Kidding, you can’t beat the breathlyzer test. But, you can take precaucions to make sure that you mitigate the chances that the breathlyzer can be used against you in court for a DUI charge. If you find yourself being pulled over by a police officer, and he suspects you’re under the influence of alcohol and drugs you can simply reject the officer’s request to perform field sobriety tests. What will this mean? It depends from state to state. Could it be implied consent? Consult your lawyer.
In Iowa, however, rejecting the field sobriety tests means you will most likely not get a DUI charge. You WILL however, lose your license for up to a year.
TIP: If you get asked to take the Preliminary Breath Test (PBT), DENY IT. Deny it on the grounds that it’s inaccurate. This will buy you time, until you get back to the station and take the breath test that usually holds up in court.
I remember, when I received my DUI long ago, I was advised by my lawyer that I should NOT have submitted to the field sobriety tests.
This website is made available by this law firm for general information purposes only and to provide a general understanding of the law, not to provide legal advice.
DUI Precautionary Steps
Being arrested for driving under the influence can be a life changing event that should be taken seriously. If handled properly, you can severly mitigate the affect this event has on your life. There are several things to take into consideration, and that one should do if arrested for a San Diego DUI.
- Police officers will try to intimidate you into doing whatever it is that they want you to do. Specifically field sobriety tests. Contact your local DUI attorney on advice on whether taking these tests is advisable. If you were pulled over for something small, like a broken tail light, they will be looking for reasons to incriminate you for driving under the influence. Often times, refusal of field sobriety tests, and keeping quiet until you can speak to your attorney is one of the best things you can choose to do. Without an admittance on your behalf, and no field sobriety tests, they have no evidence to support their claim that you were in fact driving under the influence. You may lose your license, but you will not be charged with driving under the influence.
- A suspended license for refusal of a field sobriety test is better than a criminal record. If you are convicted, you will have your license suspended in addition to facing criminal charges, possible jail time, community service, and substance abuse courses.
- Immediately contact an attorney to discuss your unique DUI case. The laws in San Diego regarding DUI cases are such that they require the assistance of a qualified attorney.
- Often times, there are ways to prove that the arresting officer is unqualified to administer the field sobriety tests, or if it is within the statistical margin of error, you may have your case dismissed.
In any case, remain calm. If you are convicted, make sure that you take care of all of your obligations as soon as possible. Pay your fines on time, and do NOT drive with a suspended license. If arrested, a judge will not be leniant, as that is seen as an aggravated offense (whereas he may be more forgiving on the initial DUI charge understanding that you may not have realized you were over the legal limit).
The fine people at the Maze Law group in Detroit, Michigan have come up with an article relating to OWI and DUI in the state of Michigan. It’s not the normal advice you would assume you’d get. For instance, most people wouldn’t assume that refusal to obey the arresting officer when they request a Preliminary Breath Test (PBT) would be appropriate. Is it? You’d have to visit his site to find out.
There are many DUI lawyers all claiming to focus on drunk driving cases, but go with a trusted lawyer. The Maze Law Group wants to assure you that your arrest is nothing to be ashamed of, and they will work hard to clear your name and get you the treatment and fair hearing you deserve.
Visit the Maze Law Group’s website.
