The McHenry County DUI Lawyer

(847) 854-7700        
The McHenry County DUI Laywer

(847) 854-7700        

Why You Should Always Refuse The Breathalyzer

Dec 15, 2021 | DUI, McHenry County DUI Lawyer

When a cop has pulled you over on suspicion of driving under the influence, one of the things that follow such a stop is a field sobriety test. Remember that you’re not under arrest and that you can decide not to indulge in such a subjective test. In other words, these collections are used as evidence against you when the arresting officer charges you.

Although refusal to take the Breathalyzer might warrant an arrest, rest assured that you can access legal counsel. You can always demand to speak with your lawyer first, which will serve to your advantage. Through the guidance of an experienced attorney, you will avoid committing most mistakes that nail you to the cross.

Should You Refuse The Field Sobriety Test?

It is in your best interest to refuse to take such a subjective test. The reason is that they are the evidence used to build a case against you. This test is open to the subjective opinion of the arresting officer, which never goes your way. Aside from this headache, there are also other factors to consider in field sobriety tests.

Sometimes, these factors can cause you to perform poorly in a sobriety test, such as:

  • Bad weather
  • Traffic speeding on the side of the road
  • Lack of sleep
  • Poor coordination
  • Intimidation coming from the law enforcement
  • And so much more.

Should You Take The Breath Test At The Police Station?

Numerous states in the US have what is known as ‘implied consent’ law. This means that all drivers consent to a breath test if the arrest is on suspicion of driving under the influence. Refusal to comply with the breath test will lead to your license getting suspended.

According to the Supreme Court, police have to obtain a search warrant to draw blood or urine. This is following the Fourth Amendment right, where one is free from unreasonable searches. If you want to avoid violation of such a person’s right, a warrant is needed.

So, before the police should get your fluids, they must have a search warrant. If the police failed to get it, the case would always get dismissed. It would help if you refused the Breathalyzer because they are highly unreliable and easily prone to malfunction. At this point, you should always have your attorney beside you, guiding you every step of the way.

Final Words

Refusing to take the Breathalyzer is a smart move, and with an experienced attorney by your side, you don’t have anything to worry about. But to diffuse and weaken their case on you, by all means, refuse the test. But if it is a case involving DUI, you’re facing a more severe offense. Sometimes, you might think you have no choice but to plead guilty.

Most times, people often think since they are first time DUI offenders, they’d probably get a pat on the back. Unfortunately, that is far from reality. The fact is, a conviction is almost guaranteed at this stage. But with legal counsel by your side, the game might move in your favor.

For help with your DUI or traffic case, please contact our office.  With over 75 years of combined legal experience, Attorneys David B. Franks, David N. Rechenberg and James H. Andrle have helped regular people overcome extraordinary obstacles.

Get the representation and compensation you deserve

Contact Franks & Rechenberg, P.C. today

(847) 854-7700