What About The Breathalyzer?

March 11th, 2014

Here’s some DUI law need-to-know from criminal defense lawyer Brett Metcalf. Visit MetcalfLawFirm.com now and schedule a free consultation.

If I refuse to blow, won’t I lose my license longer?

When you blow over a .08, DMV will suspend your license for 6 months. When you refuse to blow, your DMV suspension will be for a full year. But if you are a first time offender the laws just changed in your favor.

Whether you blow or refuse, if you take the appropriate steps within 10 days of your arrest, you can receive a hardship license immediately. That means, from Day 1, you can drive to work, school, church, grocery store or any other reason to maintain your livelihood. So, yes, the suspension will be longer, but you can still drive throughout the duration of that suspension.

Keep in mind, the overriding goal of your case is to avoid a DUI conviction. In my experience, refusing the breath test gives you better odds of beating the DUI – either through negotiating a plea to a reduced charge or winning at trial. Juries will view a breath test over the legal limit as compelling evidence of your guilt. A refusal gives us a better shot with the jury and, consequently, more leverage in negotiations.

*The advice above is limited to first time offenders; If you have previously refused to provide a breath/blood/urine sample, you have a legal obligation to submit to chemical testing; A subsequent refusal will result in a longer suspension without the possibility of a hardship.

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