Should You Take a Breathalyzer Test?
Posted in DUI on December 11, 2018
When you are stopped by a police officer in Rhode Island for suspected drunk driving, you may be asked to take a Breathalyzer test. Should you refuse? The natural right to be free from self-incrimination would insist that “yes”, you should refuse. But Rhode Island is an “implied consent” state, meaning that one is assumed to have consented to such a test as a condition of receiving a license.
If you are currently facing drunk driving charges in Rhode Island, speak with our Rhode Island DUI lawyer immediately to protect your rights and fight for your freedom.
Taking & Failing a Breathalyzer Test
What if you take the Breathalyzer test and fail? Under this circumstance, you will be charged with criminal DUI. As bad as this may sound, these cases are much more difficult for the prosecution to prove. The list of legal requirements, all of which must be established to convict you, is long, complicated and demanding. It is a minefield of potential disaster for a prosecutor to tip-toe through. Absent any one of these strict requirements, and you walk away a free individual.
With the right Rhode Island criminal defense attorney, the chances of winning your case are much higher if you take the test than if you opted to refuse the test. If you submit to the Breathalyzer test and fail, it does not automatically translate into losing your license. Loss of license will only occur if you are actually convicted of criminal DUI. You will be able to drive all the while your case is pending.
If you refuse the Breathalyzer test, it will most likely result in the suspension of your license after the refusal arraignment but prior to any hearing of your case.
So, the bottom line is: take the Breathalyzer test. If you pass, congratulations on being a responsible, safe driver. If you fail and have been arrested for DUI in Rhode Island, do not despair. You need a defense attorney in your corner who has the inside knowledge and experience required to ensure the best possible results. Call The Law Offices of Stefanie A. Murphy, LLC today at (401) 316-9423 or via email or contact us online to set up your free initial consultation.
Why You Need a Qualified Criminal Defense Lawyer
If you retain an experienced DUI defense attorney, you may avoid serious penalties. It is possible to have your alleged offense entirely dismissed or reduced to a lesser charge. There are many ways to challenge a DUI charge on both substantive and procedural grounds even if you failed the breath test.
Evidence can be completely suppressed if there was the smallest deviation from proper procedure. The standards of proof in DUI cases are strict and the required procedural details are numerous that most DUI cases can be deconstructed to the defendant’s advantage.
Not all Rhode Island DUI criminal defense attorneys are high-quality. At The Law Offices of Stefanie A. Murphy, LLC, we have dedicated a substantial portion of our practice to DUI defense and know precisely which legal buttons to push on your behalf. If you have been arrested for DUI in Rhode Island, we can help. You need a defense attorney who has proven results. Call The Law Offices of Stefanie A. Murphy, LLC today at (401) 316-9423 or via email or contact us online to set up your free initial consultation.