Albuquerque DUI Lawyer Provides You With Situations To Contemplate With Regards To Declining Chemical Testing

In the event you refused to undergo a breathalyzer test after you were pulled over for DUI, you might wonder what impact this will have on your case. It's possible that refusal to take the a breathalyzer test could be instrumental in steering clear of a DUI conviction, but this refusal can have other consequences. Before you decide to appear in court, you ought to find out what effect your refusal to submit to a chemical test will have pertaining to your DUI defense. With the assistance of an expert DUI attorney, you will familiarize yourself with the laws associated with chemical testing refusal.

Almost every state has an implied consent law regarding chemical testing to measure your blood alcohol content. Should you be arrested for DUI while driving a car on a public road, you might have given consent to chemical testing with regard to blood alcohol content promptly. The minimum cost for refusal of a test is suspension of your own driver's license. Some individuals believe that, by declining the test, they rob the prosecution of necessary evidence for their DUI and thus increase their odds for an acquittal. For chemical test refusal, many states have resolved to give more fines in addition to suspending the driver's license. Extra fines of around $10,000 may be tacked on. You may have to purchase more insurance. You may also have to pay penalties and spend a little while in jail. They're hoping to prod individuals into agreeing to consider the chemical tests.

Refusing a chemical test could possibly be beneficial to you if you are sure the level of your impairment as reported by the police officer is erroneous. You may well be able to minimize the evidence against you for a DUI conviction if witnesses will verify that you weren't cognitively impaired when arrested and if you're able to perform field sobriety tests with success. In this case, you could be able to reject the chemical testing, and in so doing reducing evidence. This isn't the only way prosecutors will try to convict you. So that you can prove guilt, they will use observations from the police officer that arrested you. Cognitive functioning could be one thing that is analyzed. This is the time it will take for you to react to certain test activities. Things including slurred speech as well as delayed coordination are signs and symptoms of impaired cognitive functioning. Furthermore, the smell of alcohol on your clothing or your breath will likely be taken into account. An eye nystagmus test might be performed. They all are extra things, which the judge will examine to make a determination on the level of your impairment.

Another problem with chemical testing refusal is the fact chemical tests usually are not completely accurate. Blood alcohol tests can show that blood alcohol levels are over a 15% higher than they actually are. While it is possible that you will avoid a false reading if you don't take the test, you have to remember that your refusal to submit to the test is another piece of evidence which will be considered by the judge in addition to the previously discussed aspects.

It is essential that you connect with a DUI attorney to represent you if you are facing DUI charges and you have refused to submit to chemical testing. The lawyer has the experience to deliver the best defense when you face the judge. In addition, an expert DUI defense Albuquerque can certainly summarize the consequences, penalties as well as fines that may be involved and exactly what the best strategies are for your defense prior to when you show up in court.