When someone is pulled over for suspicion of a DUI, typically the next step is to administer a breath test. While a person does have the right to refuse this test, there are legal consequences for doing so. If an individual does not want to get tested, it is important that they have justifiable reasons to refuse DUI Testing in West Palm Beach. The guidance of a capable DUI lawyer can put these reasons into focus, and incorporate them into the defense if necessary. If you have been pulled over for suspicion of a DUI, get in touch with an attorney who can make sure that your rights are being protected.
Consequences for First Time Refusal
For a first refusal, the license will be suspended for one year. If the person is eligible for hardship eligibility hearing, they can do so within the first 10 days and the license will be restricted for a year and not suspended.
If the person does not act within the first 10 days to either request a hardship eligibility review hearing or complete either the formal or informal review hearing, they are looking at a one-year suspension with 90 days of no driving. That means no driving, whatsoever.
On a first-offense, if a person does not waive the right to challenge or take any action, they are looking at a one-year suspension with 90 days of no driving. If the person is arrested for the second or third time, the penalties go up. The refusal will be 18 months and the 18-month suspension is a hard suspension so there is no hardship license given whatsoever for the duration of the suspension.
And additionally, if a person previously refused a breath test and they refused for a second or a third time, that second or third refusal acts a separate crime, which is a misdemeanor of the first-degree and the person can go to jail for that.
Do I Have a Right to Refuse a DUI Test in West Palm Beach?
Many people do not know that they have the right to refuse DUI testing. There are many reasons to refuse DUI testing in West Palm Beach. The most common one is that people do not believe they are accurate and reliable. There is a very strong perception in the community that these are instruments of the government. They are maintained, calibrated and administered by the Government and are not medical instruments. These machines are not used in any medical testing and should not be used by the courts to determine guilt. Another valid argument is if the person believes they will fail it and they do not want to incriminate themselves.
Refusing a Blood Test
Reasons to refuse a blood test are if the person believes in their right to privacy and they do not want anyone knowing what is in their blood, or the person believes they will fail it. Phobias, religion and other conditions are not considered justifiable reasons for refusing a blood test.
Even if the person has no prior offenses, but they were in an accident where someone was seriously injured or killed, the government has the right to restrain the person and take the blood forcibly. There is no justifiable reason to refuse a blood test if an individual is in an accident where someone was seriously injured or hurt.
Potential Defenses
A person is entitled to a blood test if they ask for one but only if the person also gives a breath test. If there are allergies, illness, disorders, et cetera, some people cannot maintain the right pressure and volume of air that needs to be forced out from their lungs to take the test, so there may be a medical defense.
If a person has a Chronic Obstructive Pulmonary Disease or emphysema, or bronchitis and any type of illness that affects the respiratory system and the person is unable to physically perform the breath test, that will be a valid reason for refusing it and asking. It would not be valid for the driver’s license suspension because the person did not take the test but an attorney might argue that they should have been offered a blood test.
How a Lawyer Can Help
Whether it is a first-offense or a third-offense, a lawyer can serve as an invaluable asset in your DUI case. An experienced lawyer will understand that you are well within your rights to refuse testing, and that there are many reasons to refuse DUI Testing in West Palm Beach. A DUI lawyer can use their knowledge of DUI laws to build a defense that works for you and is specific to the circumstances of your case. If you have been charged with a DUI, get in touch with an attorney who can fight for you.
