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If I Refuse a Breath Test and a Blood Test, Can I Beat a Driving Under the Influence Charge?
When you are stopped by a police officer, either at a DUI checkpoint or just as you are going down the road, and he or she suspects you have been driving under the influence of alcohol or drugs, you will be asked to undergo certain roadside tests, one of which is a breath test. You may also be asked to submit to a blood test. If you refuse to take either of these tests, it’s likely that you will lose your license for a year in addition to the standard penalties for Driving Under the Influence of alcohol or drugs.
The reason for this is a thing called “implied consent.” When you signed on the dotted line to get your driver’s license, you agreed to submit to any tests – roadside tests or chemical tests – the police officer asked for when he stopped you. By accepting the license, you implied that you were agreeable to being tested.
It is your right, of course, to refuse to take either test. We have a Constitution in this country that says you don’t have to incriminate yourself (the Fifth Amendment). But, if you do, you will need a Pittsburgh DUI attorney to help you fight the charges that result, because not only will you be charged with refusing the test, you will be assumed drunk and will be charged with DUI, as well.
Your Pittsburgh DUI attorney will ask you questions about your arrest. Did the state trooper or police officer read to you the implied consent warnings he was supposed to? Were you even given an opportunity to take the test? If it can be argued that one or both of those things did not happen, then it will no longer be a matter of you refusing to take the test. In this case, it’s highly possible that your Driving Under the Influence charges could be dropped and the case against you dismissed, as long as there are no other observations made by the officer or as long as you were not pulled over initially for bad driving.
There are other questions your attorney will have that could also lead to your DUI charges being dropped. He’ll want to know what tests they asked you to take and how long after being stopped that they made the request.
It’s important for you to weigh the consequences of submitting to a BAC test against those of refusing before you decide. Don’t choose impulsively on this one.
Being convicted of DUI can make life very difficult for you and your family. Engaging the services of an experienced attorney immediately after you are arrested is the best thing you can do for yourself and your loved ones. Hire the legal help you are worthy of by calling Logue Law Group for a consultation, free of charge. The Pittsburgh DUI attorneys at Logue Law Group have devoted their lives to helping clients come out on top. They are resolute and capable, and prepared to face down prosecutors to win your case.
Never forget that your Pittsburgh DUI attorney will ask you to tell him all the facts. Don’t hesitate to trust and confide in him, so he can work his hardest for you. He can then analyze your case, spell out in detail the charges against you, and explain what your options are for your defense. He will represent you during your journey through the criminal justice system.
If you or a loved one has been charged with Driving Under the Influence in or around the city of Pittsburgh, you will need an experienced criminal defense attorney. The Logue Criminal Defense team serves Pittsburgh, PA, and the surrounding areas, including West Virginia and Ohio. To get in touch and schedule a free initial consultation with an experienced Pittsburgh Criminal Defense lawyer from Logue Law Group, call us today at (412) 612-2210 or (412) 612-2210. Or, you can contact us online.
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