The refusal of a breath test in case of traffic stops where the police suspect someone of driving under the influence is a dilemma for many people. Although there is a legal option to refuse a breath test, one must be ready for some consequences in terms of law, civil, and criminal punishments.
Those who are charged with DUI offenses after traffic stops might need the services of a defense attorney in West Palm Beach. Working with attorneys from Piotrowski Law – West Palm Beach will provide the necessary assistance for dealing with the situation properly.
What are Implied Consent Laws?
In the United States, every state adheres to what is known as the “Implied Consent” statute. This means that by obtaining a driver’s license and operating a motor vehicle on the road, you have given implied consent to be subjected to lawful testing such as breath, urine, or blood tests in case an officer finds reasonable cause to believe that you are driving under the influence.
The Lawful Arrest Component
Implied consent does not authorize law enforcement officers to take a breath sample whenever they want. First, a lawful arrest must take place on the basis of reasonable cause before the requirements of the implied consent statute kick in.
In case an officer forces you to provide a breath sample despite the fact that he has no lawful grounds to make the arrest, the entire process could be thrown out of court.
Standardized Implied Consent Warning
It is mandatory for law enforcement to warn the driver regarding the actual consequences that would result from his refusal to submit to the breath test before taking any action against him.
It is also mandatory to read to the driver a warning of implied consent regarding the license suspension and criminal proceedings that may be initiated due to his refusal.
Dual Pathways in a DUI Refusal Case
A breathalyzer refusal case involves two separate trials that are conducted independently of each other along dual pathways: the administrative license hearing within the licensing department and the criminal trial within the court.
Both venues come with their own standards for evidence and procedure. Getting representation by an experienced defense attorney can help you address both paths at once, fighting the administrative suspension and developing your overall trial strategy.
Administrative Sanctions: Consequences for Your Driver’s License
A breath test refusal automatically leads to administrative sanctions which are administered by the relevant state licensing agency and are entirely independent of any criminal proceeding that could take place. As soon as you refuse the test, the officer automatically seizes your driver’s license.
Immediate Driver’s License Suspension
The first offense of refusal of the breath test results in the automatic suspension of the driver’s license for a period of one year according to state law. In case you have been refused a breath test in any previous case, then the refusal will lead to an 18-month license suspension.
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Deadline of 10 Days for Formal Review
In response to a refusal suspension, drivers will have to make use of a deadline to appeal against the refusal. You or your defense attorney in West Palm Beach have 10 days after being arrested to make a formal application for administrative hearing review.
Any failure in this will cost you the opportunity to contest the suspension, which will hinder you from applying for a hardship permit for work or family purposes.
Criminal Consequences of Refusing Breathalyzer Test
One of the false beliefs that motorists hold is the one regarding not being able to prove a DUI offense. Refusing the breathalyzer test will actually make your DUI case more complicated and might even lead to other criminal charges.
Separate Criminal Charges
While a single refusal used to lead to administrative consequences in the past, things change, and laws change. Refusal charges are now considered misdemeanor criminal charges.
In addition to that, the current statutory changes in many jurisdictions make initial refusals to roadside tests an additional criminal offense, which means additional jail, community service, and court fees besides usual DUI penalties.
Evidence of “Consciousness of Guilt”
It is possible to prosecute a DUI case even without the numbers from the breath test by using observations made by police, video recordings and results of field sobriety tests.
However, it should be noted that it is possible for the prosecution to use your refusal of a breath test as evidence of your consciousness of guilt, meaning that you refused to take the test only because you know that you were over the limit.
Strategic Defenses for Refusal Charges
Even though you refused to take a breathalyzer test, it does not mean that you have nothing to do about it. An experienced defense attorney in West Palm Beach will examine all the details of the incident and provide effective defense.
Unconstitutional Stop or Lack of Probable Cause
The basic premise of any DUI case requires the officers to abide by the rules of searches and seizures as provided for by the constitution. Where there was no reasonable suspicion of illegal activity to justify pulling someone over, and there was no probable cause to make an arrest, refusal evidence can be suppressed at trial. An unlawful arrest leads to the whole case crumbling in most instances.
Confusion, Medical Condition, or Poor Warning Recital
For one to be charged with refusing a breathalyzer test, it should have been done voluntarily and intelligently. Where an officer failed to adequately recite the implied consent warnings, or where confusion arose due to language barrier and medical conditions, the defendant’s actions cannot be said to be a refusal. It helps to hire a defense attorney in West Palm Beach.
Conclusion
Saying “no” to taking the breathalyzer test starts a process which has far-reaching legal implications that may affect your liberty, finances, and driving privilege. Although refusing to take the breathalyzer test will prevent the authorities from providing specific BAC levels, it will result in automatic suspension of the license and additional legal action.
