The law enforcers may undertake different tests to measure the level of alcohol in your system when they stop you for DUI. You have a right not to take them, but this could make you face serious consequences. Besides, the police might seek a warrant to compel you to take the test they want to conduct. Therefore, contacting a DUI attorney for guidance is often advisable before taking any DUI tests. They will advise you to accept or refuse the examinations depending on your case. Your lawyer will also want you to know the following about these tests.
Low Alcohol Content Does Not Give You Freedom
Every state has an alcohol limit motorists should not exceed before driving. The police mostly arrest and charge suspects whose test results indicate that their blood alcohol content exceeds the recommended limit. However, you might also face prosecution even if your test findings indicate a low alcohol content in your blood. The prosecuting attorney could prefer charges against you, arguing that the alcohol in your bloodstream is enough to affect your mind. That explains why you should not accept to take a test without seeking your lawyer's advice. They may tell you not to accept the examinations if you have been drinking. They will then look for other ways to fight your arrest to prevent prosecution.
The Officers Have Several Ways of Obtaining Evidence
Officers have several ways of obtaining evidence from DUI suspects, including getting court orders. Therefore, refusing to take tests does not mean you will escape arrest. For example, if the police believe they will get useful evidence from your blood, they might ask a judge for a search warrant for a blood draw. When the jury grants the request, the officers will have permission to obtain and use your blood as evidence. However, some police seek these orders without a probable reason. Instead, they may be looking for a justification to prosecute your case.
Permission to draw your blood could give the police an advantage to strengthen the case. But unfortunately, they can even doctor your test results to favor the prosecuting attorney. You should consider working with a lawyer when facing DUI charges because they will challenge applications for search warrants, especially when they believe the police do not have a reason to believe you were impaired.
If the law enforcers ask you to take tests after stopping you for DUI, tell them you have a right not to take them. Then, contact a DUI attorney for guidance. They will advise and represent you in your case to ensure that the police do not use faulty test results as evidence in your case.
Contact a local DUI attorney for more information.
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