Driving Under the Influence (DUI) and Refusal to Submit to a Chemical Test
August 15, 2016
This page, on the behalf of Craig Hein Law is intended to provide insight as to what it means to be charged with Driving Under the Influence (DUI) or Refusal to Submit to a Chemical Test. Drinking and driving is not promoted as acceptable behavior, but if you are charged with one of these crimes it is imperative that one is aware of his or her rights.
WHAT TO DO WHEN YOU ARE PULLED OVER UNDER SUSPICION OF DUI
When you are pulled over under the suspicion of Driving Under the Influence, it is important to realize that police officers are ultimately looking for evidence that could help aid in the prosecution, with the ultimate goal of achieving a DUI conviction. Although you must provide requested documentation such as a license and registration, very little more is required of you. In fact, anything you say or do will be used against you. Officers will immediately make observations of an operator such as slurred speech, bloodshot/watery eyes, flushed face or confusion to gain reasonable grounds to ask the operator to take a chemical test. Any admission of imbibing will certainly help officers in their goal of effectuating an arrest. These signs are almost always used by officers as evidence of a DUI.
DO I HAVE TO TAKE THE STANDARDIZED FIELD SOBRIETY TESTS?
When you get pulled over under the suspicion of DUI, police will often ask you to take standardized field sobriety tests. You do not have to take these tests. There is no penalty associated with refusing to take a Standardized Field Sobriety Test, which again is designed to provide evidence of a DUI. A field sobriety test is inherently difficult for even completely sober people to pass. These tests are highly technical in both their instruction and administration. If you are charged with DUI or refusal to submit to a chemical test, it is a good idea to speak to an attorney with experience in DUI defense.
SHOULD I SUBMIT TO A BREATHALYZER TEST (Chemical Breathe Test)?
Unfortunately, there is no clear cut answer to this question. However, submitting to a chemical test and failing, makes it much easier to prove the criminal DUI case against you. Although in many cases refusing a chemical test is in your best interest, it is different from refusing a field sobriety test. Here, aside from being charged with a DUI, a separate civil charge will be brought for the refusal to submit to a chemical test, which does carry the possibility of license suspension, fines and community service. There are both positives and negatives to refusing the chemical test. Contact an experienced attorney at Craig Hein Law for an analysis of your matter and to have the best defense presented for you.
DO I REALLY NEED AN ATTORNEY?
An experienced DUI attorney is always a good idea. Experienced DUI attorneys have the ability to negotiate with police and prosecution with whom they have formed bonds over their years of practice. Such negotiations may very well lead to dismissals and other favorable outcomes. DUI cases are extremely complex and there are various nuances that a DUI attorney will likely be able to handle effectively on your behalf. In addition, if your DUI case went to trial, DUI attorneys are familiar with the procedural aspects of a DUI trial and know how to effectively examine and cross-examine witnesses.
WHY NEWPORT RI DUI ATTORNEY CRAIG HEIN
Despite, the complexity of DUI law, Craig Hein has a wealth of experience in DUI Defense. Attorney Hein has been successful in defending both DUI’s and Refusal charges at the Rhode Island Traffic Tribunal. Craig’s style is both aggressive and steadfast. From your first conversation with him, you will realize both his capability in the court room and ability to alleviate much of your stress. Craig has made a living out of turning problems into solutions and does not rest until he does everything possible to achieve a desirable outcome. For a free consultation please call 401-619-7214.
Disclaimer – Every case is different and this article is not meant to be an assertion of legal advice, but rather general information. Consult and experienced DUI attorney like Craig Hein for specified legal advice.