Breath Test Refusal Attorney in Brentwood, Tennessee
When facing a potential DUI charge, you might be asked to submit to a breath test. However, choosing to refuse a breath test can significantly affect your case and future. That's where a knowledgeable criminal defense attorney can help.
William Pomeroy, Attorney at Law is experienced in handling breath test refusal cases and strives to help clients understand the consequences of refusing a breath test. Located in Brentwood, Tennessee, the firm serves clients throughout Davidson County, Williamson County, and Rutherford, County. Reach out today to schedule a consultation.
The Basics of Breath Tests in DUI Cases
Breath tests are a common tool used by law enforcement to measure a driver's blood alcohol concentration (BAC). These tests typically involve breathing into a device that analyzes the alcohol content in your breath to estimate your BAC. While they're widely used, it's important to understand that breath tests aren't always 100% accurate.
Some key points to understand about breath tests include:
They measure the concentration of alcohol in your breath, not directly in your blood.
Various factors can affect the results, including medical conditions, recent alcohol consumption, and environmental factors.
The accuracy of the device itself can be questioned if it's not properly calibrated or maintained.
In many jurisdictions, refusing a breath test can lead to automatic penalties, separate from any DUI charges.
Understanding these basics is crucial when considering whether to submit to a breath test during a DUI stop.
The Right to Refuse: What Does It Mean?
In most states, drivers have the right to refuse a breath test. However, this right comes with important caveats and potential consequences. When you obtain a driver's license, you typically agree to what's known as "implied consent." This means you've consented to chemical testing if you're suspected of driving under the influence.
Refusing a breath test doesn't mean you'll automatically avoid a DUI charge. Your refusal can be used as evidence against you in court. Prosecutors may argue that your refusal indicates consciousness of guilt. Additionally, many states impose automatic penalties for breath test refusal, which can be severe. Law enforcement agencies often use two types of breath tests:
Preliminary breath tests (PBT): This is the roadside test often conducted with a handheld device. In many states, you can refuse this test without automatic penalties.
Evidentiary breath tests: This is typically conducted at the police station with a more sophisticated machine. Refusing this test often triggers automatic penalties under implied consent laws.
The distinction between these tests and their legal implications can be challenging to understand, especially in a stressful situation. This is why it's so important to be informed about your rights and the potential consequences of your actions.
Consequences of Refusing a Breath Test
The repercussions of refusing a breath test can be substantial and vary by state. Here are some common consequences you might face:
License suspension: Many states impose an automatic license suspension for breath test refusal. This suspension is often longer than the suspension for a first-time DUI conviction.
Fines: You may face significant fines, separate from any penalties associated with a potential DUI conviction.
Mandatory jail time: Some states require mandatory jail time for breath test refusal, even for first-time offenders.
Increased penalties for DUI conviction: If you're ultimately convicted of DUI, your refusal may lead to enhanced penalties.
Installation of an ignition interlock device: Some jurisdictions require the installation of this device on your vehicle, even if it's your first offense.
It's important to note that these consequences can apply even if you're ultimately found not guilty of DUI. The penalties for refusal are often separate from the DUI case itself.
How to Deal with a Breath Test Request
When faced with a request to take a breath test, it's helpful to have a strategy in mind. Here are some points to consider:
Stay calm and polite: Regardless of your decision, maintain a respectful demeanor with law enforcement.
Ask to speak with an attorney: In some states, you have the right to consult with a DUI defense lawyer before deciding whether to take the test.
Understand the distinction between roadside and station tests: As mentioned earlier, the legal implications can differ significantly.
Consider the potential consequences: Weigh the automatic penalties for refusal against the potential DUI charges if you take the test and fail.
Remember, every situation is unique, and what's right for one person may not be right for another. These strategies are meant to help you think through your options, not to provide definitive advice for every situation.
How to Challenge a Breath Test Refusal
If you've refused a breath test and are facing penalties, there may be ways to challenge the refusal. Some potential grounds for challenge include:
Lack of probable cause for the initial stop
Failure of law enforcement to properly advise you of your rights and the consequences of refusal
Medical conditions that prevented you from providing a sufficient breath sample
Improper administration of the test or request
Challenging a breath test refusal can be a complicated process, requiring a thorough understanding of local laws and procedures. It often involves presenting evidence, cross-examining witnesses, and making legal arguments.
The Role of Field Sobriety Tests
It's worth noting that breath tests aren't the only tool law enforcement uses in DUI investigations. Field sobriety tests (FSTs) often play a significant role. These tests, which typically involve physical tasks like walking in a straight line or standing on one leg, are designed to assess your balance, coordination, and ability to follow instructions.
Unlike breath tests, you generally have the right to refuse FSTs without automatic penalties. However, your performance on these tests (or your refusal to take them) can still be used as evidence in a DUI case.
Understanding the relationship between FSTs and breath tests can help you make more informed decisions if you're ever in a situation where you're asked to perform these tests.
The Importance of Legal Representation
Working through the aftermath of a breath test refusal or DUI arrest can be overwhelming. The laws surrounding these issues are complicated, and the consequences can be long-lasting. This is why it's crucial to work with a knowledgeable DUI attorney who can guide you through the process. An experienced criminal defense attorney can:
Analyze the specifics of your case
Identify potential defense strategies
Negotiate with prosecutors
Represent you in administrative hearings related to license suspension
Advocate for you in court if necessary
Remember, the decisions you make in the immediately following a DUI stop can significantly impact your case. Professional and experienced legal guidance can often make a substantial difference in the outcome.