When pulled over for DUI, an officer might request that you submit to a breath test referred to as Initial Alcohol Screening (PAS) which utilizes handheld technology to measure your blood-alcohol material (BAC). While declining this test is technically legal, doing so might reinforce a case versus you ought to the officer think you of intoxication.
If your arrest was justified by likely cause, police officers will still desire you to send to a post-arrest breath test at either a police station or healthcare facility immediately following your arrest. Declining such tests generally causes administrative or civil charges such as license suspension that can be utilized versus you at trial as additional penalty in addition to criminal DUI charges.
What Makes Breathalyzers That Totally Different
Choosing whether to send to a breathalyzer test needs more thought and consideration than merely knowing your state’s laws on this issue. In some cases it may make good sense for you to opt out, especially if your blood alcohol concentration (BAC) will fall below the legal limit of 0.08% and could result in lesser charges such as driving while ability impaired (DWAI) instead of DUI with decreased jail sentences and fines.
If your level of intoxication is especially severe and likely to exceed legal limitations, taking the breathalyzer test might make good sense in order to prevent prosecution and, possibly, persuade a judge or jury at your DUI trial that refusing is not indicative of regret.
Keep these factors to consider in mind. In numerous states, refusing a breathalyzer test will cause your insurance rates to increase; often even leading insurance companies to cancel your policy altogether; must this happen, a lawyer should be worked with in order to defend you in court versus these insurance companies. If you find the subject of what you are reading fascinating and that you need more info concerning the topic, then please visit us or click on the following site link breathalyzer test Machine.!
Declining to take a breathalyzer test does not make up an admission of guilt; however, it can raise suspicion among law enforcement officer and judges/jurors at your DUI trial. Working with a skilled criminal defense lawyer will permit you to weigh the advantages and disadvantages of declining a breathalyzer or taking test and can defend you against any subsequent charges arising from that rejection.
If you have been charged with DUI in Massachusetts, speak with one of our DUI lawyers right away for additional information on how we can help. Call for a free initial consultation or complete our online kind; our representation covers Boston, Somerville and Newton along with surrounding neighborhoods within Massachusetts. Additionally, our lawyers deal with appeals on behalf of customers charged with driving offenses before state courts in Massachusetts as well as appeals courts such as MAAC or perhaps Supreme Judicial Court of United States.