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Should I Refuse a Breath Test?

Answers from Our Las Vegas DUI Lawyer

If you get pulled over for suspicion of driving under the influence (DUI) of drugs or alcohol, you have to remember that the police are only operating on a hunch. Even if they bring you back to the station, they probably do not have any solid proof yet to actually charge you with a DUI. This is the reason why they will ask you to take a breath test: to collect evidence against you that validates your charges.

You might be thinking that simply refusing a breath test is the smart choice, but our criminal defense team at the Law Office of David R. Fischer encourages you to think again. Refusing a chemical test – such as breath, blood, or urine testing – while at the police station is generally not what you will want to do.

If you have been arrested for a DUI, contact our Las Vegas criminal defense attorney right away for more information about the charges and penalties you could be facing, and how to fight them.

Why Shouldn’t You Refuse a Breath Test?

Las Vegas has an implied consent law that everyone “agrees to” when they get their driver’s license. This law states that you agree to submit to any chemical testing if you are suspected of driving while intoxicated, or you accept the punishment if you do choose to refuse. The punishment may be an immediate revocation of your driver’s license instituted by the Department of Motor Vehicles (DMV). As this suspension is administered by an arm of the government that is not related to criminal punishment, there is no criminal defense lawyer in the world who can challenge it.

In Nevada, refusing a test can lead to even more trouble than most other states. Law enforcement officers are actually given the right to “use reasonable force” to make you take a chemical test. The vagueness of this term is concerning. Additionally, the prosecution is permitted to use your refusal as evidence of your intoxication, stating that you refused because you believed that you were over the legal limit.

Defenses Against the Breath Test

Since refusing the breath test is essentially out of the question, you will need to craft a defense against it. By working closely with our Las Vegas DUI lawyer, you can begin constructing a case that is solid, logical, and firmly establishes sound reasons as to why the breath test’s results should not be accepted as evidence against you.

Points of interest for your defense may include:

  • Officer had no reason to pull you over.
  • Officer used unreasonable force after you refused the test.
  • Breath or chemical test machine was not calibrated.
  • Results of the test were skewed by human error.

The fact of the matter is that an experienced attorney can challenge a breath test’s results, no matter how much the police contend that it is scientific proof of your illegal intoxication. If you have found yourself in such a predicament, dial to connect with our team.

You can also act now by scheduling an appointment online!

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