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Facing A Judge After A Breathalyzer Refusal






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Apr 7, 2011

Facing A Judge After A Breathalyzer Refusal

During the course of an investigation involving driving under the influence of alcohol and drugs, many factors become critical issues. Even one of these fundamental underlying factors can turn your case into something far beyond your scope of understanding, and it can take the skill of a professional DUI lawyer to get you out of the mess as cleanly as possible. Facing a judge after a Breathalyzer refusal is a great example of one of these situations.

A refusal to submit cannot be as bad as a failed test, right?

Wrong! Thinking like this can land you in jail, if not worse, when all is said and done, with worse being a much longer loss of driving privileges as well as possible incarceration in addition to hefty monetary fines. It is always easier for a professional DUI lawyer to refute a failed Breathalyzer test result than to deal with a refusal to submit.

Regardless of how bad the decision is, I am within my rights to refuse to submit to a Breathalyzer test, right?

No. In the state of Maine, it is against the law to refuse to submit, and this can lead to harsher fines, penalties, and sentences. A judge considers a refusal to submit to be an aggravating factor, much like running from the police or leaving the scene of a crime. It is not just a bad decision to refuse to submit to a law enforcement individual attempting to administer a Breathalyzer; it is against the law and you are subject to mandatory minimum penalties that cannot be waived by the judge.

I can drive until my hearing regardless of whether I submitted to Breathalyzer testing, right?

Another negative answer. As long as you submitted to the test, even if you failed, you are will likely be allowed to drive until the Administrative hearing. Those who refuse to submit to the sobriety test are not allowed to drive until the outcome of the hearing is decided; and it is unlikely to be favorable. Again, it is easier to deal with a failed test than a refusal to submit.

I will not necessarily be convicted of DUI if I refuse sobriety tests, right?

This is true. You are not convicted of something just because you are arrested, even when the odds seem overwhelmingly against you. This is why it is so important to get a professional DUI attorney involved as early in the case as possible. You need to sway the odds back in your favor while you still can.



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