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You’ve been pulled over for an alleged DWI charge. The law enforcement officer suggested that he smelled a powerful odor of alcohol and also noticed your bloodshot watery eyes. He then proceeded to conduct field sobriety tests that you did not do well on. You were then placed under arrest and taken at the officer’s station. After a quick wait, the police officer presents you with a choice – submit to an breath test or refuse the test. You knew that this particular decision is important, but you did not follow some simple proven steps.

If you need legal counsel or expert’s assistance from a DWI attorney, I strongly suggest that you get in touch with an attorney that is authorized to practice in your state.

If you have a driver’s license, you then have given the implied consent to undergo a chemical test for the purpose of calculating blood alcohol content. This could seem unconstitutional, a violation of your rights, or downright illegal, but such laws and regulations have been challenged numerous times under the theory that “implied consent” comprises unreasonable search and seizure under the Fourth Amendment. Nonetheless, they have been upheld by the process of law as an appropriate exercise of the States police authority. The reason behind is that driving is considered a privilege and it is the State’s obligation to ensure that dangerous drivers are kept off course thereby assuring that injury, property damage, and also loss of lifestyle is prevented if at all eliminated.

On the other hand, you also have the right to decline such a test in most instances. That is right.  You can refuse to submit to the blood alcohol content test. But how does the State consider the refusal when you already have an implied consent when you originally obtained your license? Well, there are numerous effects of that refusal.  Chances are when you refuse to submit to the test, your license will be suspended.

Therefore it seems as though the decision is actually between

El Paso DWI Attorney Discusses : Implied Consent And Refusing Chemical Testing

If you have been pulled over for DWI and refused to take the breathalyzer test, you may have questions as to how this will impact your case. There is some truth that if you refuse the breathalyzer test it could help you avoid a DWI conviction, but there are also other consequences surrounding your refusal. Prior to going to court, you should familiarize yourself with the information of chemical test refusal and the consequences surrounding that impacting your successful DWI defense.

Almost all states have an implied consent law dealing with chemical testing to determine your blood alcohol content. In simple terms, you have automatically agreed to a chemical test to measure your blood alcohol content if you get arrested for DWI on a public roadway. If you refuse to submit to a chemical test after you’ve been arrested at a bare minimum you will have your driver’s license suspended. Some people believe that they have a greater chance of not being convicted for DWI if there are no test results and take the risk of losing their license by refusing the chemical test. Many states have decided to increase the penalties for chemical test refusal beyond just a driver’s license suspension. These penalties could include additional fines of up to $10,000, additional insurance requirements which will cost more money, jail time and other criminal or civil penalties.  They are hoping to encourage people to submit to taking the chemical tests.

If you truly believe that the level of your impairment was not accurate per the police officer’s report, then refusing a chemical test could help you. If there are witnesses that can attest to your cognitive functioning and coordination at the time of your arrest and if you pass the field sobriety tests, refusing the chemical test could reduce the amount of evidence that the prosecutor has to try and convict you for DWI. However, this will not be the only tactic that the prosecutor will have in trying to convict you. They will usually have more evidence from the arresting police officer’s observations that will be used to determine your guilt. This may include your cognitive functioning and whether or not it was

El Paso DWI Attorney Discusses : AVOIDING DWI IF YOU REFUSED A CHEMICAL TEST

The basic framework of a DUI case is the pre-trial motions and trial. Most people will decide to accept a plea bargain where they admit to being guilty in exchange for the charges to be dropped to a lesser crime.  This is done frequently to avoid going to trial. If your Indianapolis DUI lawyer and the prosecutor cannot come to an agreement regarding the plea bargain, your case will go to trial. Trials are usually pretty similar to what you have seen on TV or in the movies. A jury listens to all of the evidence gathered against you and will determine if you are guilty beyond a reasonable doubt. If your DUI case goes all the way to the trial there will be a sequence of seven steps: pre-trial motions, selecting jury members, opening statements, witness testimony, a cross examination, closing arguments, jury instruction and lastly jury deliberation and verdict.

Pre-Trial Motions

Your Indianapolis DUI Lawyer will usually file a pre-trail motion to ask to the judge to suppress evidence against you or possibly to try and prevent the state from doing something during your

Indianapolis DUI Lawyer Explains The Seven Steps Of The Trial Process