Refusing To Blow During A DWI Arrest
When should you refuse to blow a breathalyzer? If you don’t agree with the test results, you can refuse to blow a breathalyzer at the precinct. If you refuse, you may have some arguments, such as a lack of scientific evidence. However, you can use good video footage to support your case.
What is a Breathalyzer?
If you were stopped for driving under the influence but refused to blow into a Breathalyzer, the officer can suspend your license for a year and a half. While refusal to blow into a breathalyzer does not indicate guilt, it does raise suspicion in the police and may lead them to arrest you sooner. Also, it gives the State evidence to use against you in court.
Although breathalyzers do not test for alcohol, they do detect many other chemicals that contain the methyl group. Some people may test positive for these chemicals without actually being drunk. Smokers, diabetics, and people who have recently painted may all test positive.
If you refuse to blow into a breathalyzer during a DWI arrest, you may end up with a suspended license and forced blood drawing. To avoid these problems, make sure you are clear about your refusal. Many states have a “No Refusal” law that prevents police from performing breathalyzer tests without consent. But this is not always the case. In some counties, refusing to blow during a DWI arrest is illegal, and you should consult your attorney before making a decision.
Can I refuse to blow?
If you have been stopped for a DWI arrest, you may wonder, “Can I refuse to blow during the arrest?” If you are under the influence of alcohol, you may be faced with the prospect of being convicted of a felony offense, which can carry severe penalties. In some cases, refusing to blow can lead to a forced blood draw and suspension of your license. Before you refuse to blow, make sure you’re making it clear that you don’t agree to have your license suspended.
Depending on the state of your state, you may not have any option but to blow into a breathalyzer. If you do so, your refusal will be disclosed to the jury in your case. While refusing to blow can lead to the arrest of your driver’s license and a warrant for a blood draw, it does not necessarily mean you’re guilty.
You have the right to appeal the decision. However, the appeal process is difficult and complicated. This is why it is important to contact a criminal defense lawyer who has experience fighting DWI cases. You may qualify for a hardship license or a pre-trial limited driving privilege, depending on the circumstances.
What are Standardized Field Sobriety Tests?
Field sobriety tests are designed to detect signs of intoxication and impairment, but they are not foolproof. Officers sometimes administer them to people who are too drunk to perform them correctly. Even with proper training, some individuals are still unable to perform these tests.
A common one is the Horizontal Gaze Nystagmus (HGN). This test is designed to detect involuntary eye movements. This movement is a symptom of alcohol consumption. The officer will look for jerking of the eyes.
Another type of field sobriety test is the walk and turn. This test is designed to determine how well an individual can follow instructions and maintain balance. The officer administering the test will watch for swaying, body tremors, and accuracy of the estimate.
Standardized Field Sobriety Test (SFST) results can be used as evidence in court. These tests are used in cases where the defendant is suspected of driving under the influence of alcohol or drugs. While some police agencies continue to use several FSTs, the majority of law enforcement agencies use a three-test battery of validated SFSTs. The NHTSA-approved battery of tests includes the Horizontal Gaze Nystagmus Test, Walk-and-Turn Test, and One-Leg Stand Test.
Can I refuse Field Sobriety Tests?
If you have been arrested for drunk driving, you may be asked to submit to field sobriety tests. Although you can decline to take these tests, it is best to be as polite as possible and do not engage in any confrontation. This will only escalate the situation. In addition to causing you to lose your license, refusing to take these tests can lead to suspicion and enhanced legal penalties.
One common test, called the one-leg stand, requires you to stand on one leg for 30 seconds. This can be difficult for most people, especially those with balance or health problems. Refusing these tests is not a guarantee of acquittal, but it may prevent you from losing your license.
The officer will observe your movements and look for signs of swaying and loss of balance. Moreover, he will pay close attention to the time it takes you to count to five or ten. If you spend too much time on counting, the officer will use this as evidence against you in court.
Can I refuse to give a Blood Sample?
If you are stopped for DWI and asked to provide a blood sample by police, you have the right to refuse the test. However, you have to make sure you understand the consequences of doing so. You can face additional penalties and lose your driving privileges if you refuse the test.
A refusal to take a breathalyzer test or blood sample is a serious crime. Depending on the circumstances, you may face a $1,000 fine, an ignition interlock device, and even jail time. Second and third offenses can carry even more severe consequences. Refusing a breathalyzer test does not make you guilty of DWI, but it gives the prosecution a reason to believe you were guilty.
While a blood test is more accurate than a breath test, it is entirely up to the arresting officer. Under the Fourth Amendment, a person cannot be punished for refusing to submit to a blood test without a warrant. Therefore, if you refuse a blood test, it is up to the officer to obtain a search warrant. In many cases, police officers will apply for a warrant to take a blood sample, which means you must submit to the blood draw.
Refusing to take a breath test can have serious consequences for your case, both in court and in the case after you’re released. It is critical to contact an attorney as soon as possible to protect your rights.
What is a Forced Blood Draw?
While many people may not be familiar with the concept of a “forcible blood draw,” the practice is illegal. The procedure requires that a police officer seize a person’s consent and perform a blood test on them. The police may then strap the person down or bring a nurse to the scene to draw blood. In recent years, however, a Supreme Court ruling has ruled that drawing blood against a person’s will is unconstitutional and a violation of their right to privacy. A warrant is usually necessary for this procedure, and getting one is not terribly difficult.
However, while a driver may be legally entitled to refuse a blood test, he or she may still be convicted of a DUI if he or she refuses to submit to a blood draw. In California, for example, drivers who refuse a blood test may be charged with DUI refusal. This means they will have their license suspended for a year, will not be able to obtain a restricted license for that year, and will likely face jail time.
The Fourth Amendment requires that a warrant is necessary for a blood test, but state law does not require one. In some cases, a warrant can be issued without a warrant. Forcible blood draws can also be performed without a warrant if the police are investigating the suspicion of a drunk driver. Nonetheless, it is essential that people who are accused of a DUI be properly represented by an attorney.
What happens with a DWI arrest?
Refusing to blow during a DWI arrest can have serious consequences. For one, a refusal to take a breathalyzer test means your license will be suspended for a year. You also will not qualify for a conditional license, which allows you limited driving privileges, and you can be fined hundreds of dollars. The best way to protect yourself is to contact a legal defense attorney.
An experienced DWI lawyer will look into the circumstances surrounding your arrest to provide you with the best defense. He understands the system and will aggressively protect your rights. Even if the police pretend to be your friends and try to convince you to blow, you cannot expect them to exonerate you.
The best way to avoid being arrested for a DWI is to refrain from drinking and driving. If you are stopped, cooperate with the officer and be polite. It’s also important to exercise your right to remain silent. Don’t let a DWI arrest ruin your life or your driving record.
Refusing to take a breathalyzer test can result in the suspension of your license and increased auto insurance premiums. In New York, a refusal to blow is considered a common law DWI and carries penalties that are more serious than those for the mildest DWI offense. If you don’t blow, you may also have to wait several months to get a new license.
Contact Butler Law Firm
Butler Law Firm is owned by Mr. Jim Butler, a highly experienced criminal law attorney. Mr. Butler will work hard to resolve your issue. If you want to find out more, then contact or call the Butler Law Firm today with any questions you have or if you’d like to schedule a free initial consultation.