When pulled over for DUI, an officer may ask for that you send to a breath test called Preliminary Alcohol Screening (PAS) which uses portable innovation to measure your blood-alcohol material (BAC). While refusing this test is technically legal, doing so may reinforce a case against you must the officer think you of intoxication.
If your arrest was validated by likely cause, law enforcement officer will still desire you to send to a post-arrest breath test at either a police headquarters or hospital right away following your arrest. Refusing such tests typically leads to administrative or civil charges such as license suspension that can be utilized against you at trial as additional penalty in addition to criminal DUI charges.
What Make Breathalyzers Don’t Desire You To Know
Choosing whether to send to a breathalyzer test needs more thought and consideration than simply knowing your state’s laws on this problem. Often it may make good sense for you to opt out, especially if your blood alcohol concentration (BAC) will fall below the legal limitation of 0.08% and could result in lesser charges such as driving while capability impaired (DWAI) instead of DUI with minimized prison sentences and fines.
If your level of intoxication is especially extreme and most likely to exceed legal limits, taking the breathalyzer test may make good sense in order to prevent prosecution and, possibly, convince a judge or jury at your DUI trial that refusing is not a sign of regret.
Keep these considerations in mind. In lots of states, refusing a breathalyzer test will cause your insurance coverage rates to increase; sometimes even leading insurance companies to cancel your policy altogether; ought to this happen, a lawyer should be worked with in order to protect you in court versus these insurance providers. If you find the topic of what you have seen fascinating and that you need more info concerning the topic, then please visit us or click on the following web link breathalyzer vs bac..!
Refusing to take a breathalyzer test does not constitute an admission of guilt; nevertheless, it can raise suspicion amongst law enforcement officer and judges/jurors at your DUI trial. Dealing with a skilled criminal defense lawyer will permit you to weigh the advantages and disadvantages of declining a breathalyzer or taking test and can protect you versus any subsequent charges resulting from that rejection.
If you have been charged with DUI in Massachusetts, talk to one of our DUI legal representatives instantly to find out more on how we can help. Require a free initial assessment or submit our online type; our representation spans Boston, Somerville and Newton as well as surrounding neighborhoods within Massachusetts. Furthermore, our lawyers handle appeals on behalf of customers charged with driving offenses before state courts in Massachusetts in addition to appeals courts such as MAAC or perhaps Supreme Judicial Court of United States.