Several states across the United States have passed what is now known as implied consent laws. These laws allow an officer who has arrested you on grounds of suspicion of driving under the influence (DUI) to take further action by analyzing your blood, breath, or urine to determine the Blood Alcohol Content (BAC). DUI lawyers at Law Office of Seth C. Weston, PLC are constantly on the lookout for clients who have been arrested for DUI to help them beat their case and seek the most positive outcome from such cases as this.
With implied consent laws, a person who has been lawfully arrested by an officer who has probable cause to believe a driver may be under the influence of alcohol or other intoxicating substances can also be subjected to more than one test to establish their Blood Alcohol Content (BAC). In such cases as this, the officer may subject this person to a breath test and then proceed to recommend additional tests to better prove their suspicions.
In cases when you have been stopped, you may refuse to take the test, however, this means you will be faced with immediate consequences for your actions which you will be informed of by the police officer. If you have refused to subject yourself to the test, your driving license will be suspended and the officer may use this action against you in court. If you have had your license suspended prior to being stopped by the officer on grounds of DUI suspicion and you also refuse to take the field test, the officer should also inform you that this is seen as a misdemeanor crime.
While there are various penalties for DUI arrest cases, these penalties vary based on the circumstances surrounding the case. For a first-time offender, such a person will get a one-year suspension of their driving license while a second-time offender will get an even stricter penalty of eighteen months license suspension should they opt to refuse a field test.
A person whose license has been suspended prior to being arrested for refusal to submit to a DUI test may also be faced with consequences such as jail time for their misdemeanor offense.
It is important to note that in most situations where drivers decline to submit themselves for DUI tests, this person may be forced to take the test anyway. The test may be administered to the person if they are unconscious, even prior to arrest. If you feel you have been unjustly profiled for DUI, you may also request one from an officer. The officer is bound by law to administer a DUI test to you upon request.
While most lawyers advise their clients to refuse the DUI test, it is important to note that this does not in any way guarantee a non-conviction of a DUI. Regardless of whether or not you’ve submitted yourself to a DUI test, you can be found guilty, especially if the test results show that your Blood Alcohol Content is over the acceptable standards of 0.8%.
The prosecuting counsel may also use the refusal to take a DUI test against you in court and this is one more reason why you should work with qualified and experienced attorneys like the Law Office of Seth C. Weston, PLC.
Why You Should Work With An Attorney
When it comes to legal cases like DUI, you want to make sure that you are working with a qualified and experienced attorney, one who understands DUI cases and has represented several clients and boasts of good results. Working with an attorney for your DUI case opens you up to several benefits including:
Getting You A Plea Bargain
Your DUI attorney can negotiate with the prosecution counsel for a plea bargain which drastically reduces the charges against you and penalties. A plea bargain may be a great way to negotiate yourself out of tough situations.
Work Out A Better Sentencing Program
The outcome of your case is only as promising as your DUI lawyer’s expertise. Depending on the charges against you, a professional DUI lawyer can work out a better sentencing program for you, giving you a silver lining even after you may have been convicted. With proper help, your sentence can be structured in such a way that it will keep you away from being at the mercy of the law in the future.
Explain Your Case
Some DUI defendants do not understand the true picture of their DUI case and the potential penalties they can suffer. However, as an experienced legal mind, a DUI attorney is in a better position to create a better picture of your case, intimating you with the penalties, worst-case scenarios, and possible case outcomes.