Penalties for being convicted of drunk driving can be exacerbated by the driver’s refusal to take a breathalyzer test at the time of the arrest. However, the severity of such legal consequences may vary depending on the state in which you are convicted of a DUI or DWI.
In California, for example, a Los Angeles criminal defense lawyer will tell you that the state’s “implied consent” law requires that all drivers submit to the BAC calculator in order to determine their blood alcohol content after an arrest has been administered. However, many drivers suspected of drinking and driving are misled into taking a preliminary alcohol screening or PAS before their arrest, a breath test which should be optional unless the police officer on duty has a search warrant. Breathalyzer tests performed prior to an actual DUI arrest may disputed by you and a Los Angeles criminal defense lawyer as a possible violation of the driver’s rights if the fact that preliminary screening is optional was not made clear when the subject was pulled over.
State legislatures have debated extensively over whether punishment for refusing a breathalyzer test should match that of an actual DUI conviction, though consensus between opposing sides of the argument has been limited. Factors called into question during these discussions include how increasing severity of punishment might violate individual rights and whether decreasing the penalty against drivers who have been convicted of drunk driving on multiple occasions may encourage them to continue their unlawful behavior because they know the system’s due process is less strict should they exercise their right to refuse.
Kansas officials held a related discussion over the adjustment of penalty for refusing breathalyzer tests last week. While some attorneys said that drivers should be punished just as severely when they refuse to take a breathalyzer test as when they are convicted of a DUI or DWI, others insist that taking away a driver’s right to refuse may have serious legal and financial consequences as individuals will inevitably go to court over the state’s supposed violation of their individual rights.
While some district police departments have been skeptical about the effectiveness of breathalyzer tests due to improper calibration and in accurate readings that have led to unjust arrests, officials in the state of Kansas are still in debate over the issue of punishment as they work to improve drunk driving statistics for the sake of road safety.
Certain members of the district attorney office in Kansas have estimated that at least 1 out of every 4 drivers convicted of a DUI or DWI within state borders will routinely refuse taking the breathalyzer test because they know that punishment is less severe if the results of the breath test lead to a DUI arrest. This trend of refusing tests has increased in the state of Kansas, particularly among convicts with multiple offenses of drunk driving under their belts.
As for drivers operating under California state law, the penalty for a refusal to take a breath test is frequently challenged. A Los Angeles criminal defense lawyer will go as far as fighting to refute the driver’s refusal during hearings at the DMV and in court. Drivers may still be arrested for drunk driving with DUI or a DWI even when that test is refused, after which the refusal may be used against the driver in a court of law. If you think you may have been unlawfully administered a BAC calculator, or for more information about your rights concerning DUI, contact a Los Angeles criminal defense lawyer. A DUI attorney will be able to review your case and ensure that your rights are protected.
