Refusal to Submit
If the driver refuses to take the test, or is unable to complete it, that information can be used against him in court. The drivers’ license will be automatically suspended, simply for refusing the test.
The driver does NOT have the right to have an attorney present to take the test, or to help him decide which test to take.
Many police units use videotape to help build very strong cases against suspected drunk drivers. Without test results, it will be your word against the arresting officers word.
Refusing to submit to a sobriety test due to intoxication is a serious offense that can result in severe consequences. In many states, refusing to submit to a sobriety test after being pulled over for suspicion of driving under the influence (DUI) is a crime in itself. Although you may feel like you have no choice but to refuse a sobriety test, there are some important things you need to consider before making this decision.
First and foremost, it is important to understand that refusing to submit to a sobriety test is a crime. Depending on the state in which you live, refusing to submit to a sobriety test can result in fines, jail time, and the suspension of your driver’s license. In some states, the penalties for refusing to submit to a sobriety test are even more severe than the penalties for a DUI conviction.
Second, it is important to consider the fact that refusal to take a sobriety test does not necessarily prevent the state from charging you with a DUI. In most states, law enforcement officers are allowed to use other evidence, such as witness testimony or video footage, to establish intoxication. Therefore, even if you refuse to submit to a sobriety test, you may still be charged with a DUI.
Third, it is important to understand that refusing to submit to a sobriety test can be used against you in court. In many states, the fact that you refused to submit to a sobriety test can be used as evidence of your guilt in a DUI case. This means that the prosecution may use your refusal to submit to a sobriety test as evidence that you were intoxicated when pulled over, regardless of whether or not other evidence is available.
Finally, it is important to understand that refusing to submit to a sobriety test can result in a longer suspension of your driver’s license. In most states, the suspension period for a DUI is much shorter than the suspension period for refusing to submit to a sobriety test. Therefore, if you are found guilty of a DUI, the suspension period of your driver’s license could be significantly shorter than it would be if you had refused to submit to a sobriety test.
In conclusion, refusing to submit to a sobriety test is a serious offense that can result in severe consequences. Before making the decision to refuse a sobriety test, it is important to consider the potential penalties, the evidence that can be used against you in court, and the potential impact on your driver’s license. If you are found guilty of a DUI, it is important to speak to an experienced DUI attorney to ensure that your rights are protected.
