A Dui refusal is a term for when a suspect for a DUI refuses to consent to a breath or blood test. When an officer suspects an individual of driving under the influence (DUI), they will ask that individual to submit to some form of testing. defending DUI cases These include field sobriety tests, breathalyzer or blood tests. While the officer at the scene will deploy every tactic that they have to get you to submit to the tests, you are within your right to refuse to submit to testing. New laws have made it so that a conviction of a DUI refusal charge, which is what you will be charged upon refusal, will land individuals in the same place as if they had submitted to the tests and blown over the legal limits. However, there is a chance that a good defense attorney can help you win against the new charge. It is important to note that it depends entirely on the circumstances surrounding the DUI test refusal. In order to ensure that you receive the best outcome of your case it is important to seek legal representation to go over the facts of your case with you.
One of the big questions that arises in DUI cases is assessing whether or not the accused refused to consent to the testing of his blood or breath after he was arrested for DUI. defending DUI cases The law regarding this issue of whether or not a criminal defendant refused to consent to the testing of his blood is governed by the Implied Consent Law. The Implied Consent Law requires and calls for the suspension of an accused's driver's license for a one year period if the Department of Transportation can prove that the defendant refused to submit to chemical testing. In order for a police officer to be authorized to request that a driver consent to chemical testing the officer must have reasonable grounds to believe that the motorist was operating a motor vehicle and was under the influence of alcohol or drugs. If the Officer has that believe, then he is required to read the Implied Consent Warnings to the Defendant. Those warnings essentially inform a person that they have been arrested under suspicion of DUI and can either consent to a chemical testing of their blood or breath or they may refuse and suffer a one year license suspension.