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I Refused to Take a Breathalyzer Test and Now I'm Being Charged with A DUI. What Are My Options?

One of the most powerful pieces of evidence that the prosecution acquires during the course of a DUI arrest is a breath test. This test measures your blood alcohol content as a result of the breath sample that you give to the police and it is a very sophisticated test.

However, in many cases, individuals refuse to take the breath test. Now, in the short-term this typically results in an immediate suspension of your driver's license but in the long-run what this does is deprive the prosecution of a powerful piece of evidence, namely your blood alcohol content if, in fact, it's over the legal limit. Without this powerful piece of evidence many times the prosecution has to decide whether or not they can still bring a case against the individual for DUI.

What are your options? Well, typically in a DUI case your options are to accept a plea, a plea offer to DUI or to proceed to trial with all of the dangers and stress inherent in a trial.

Your best option though is to go to an experienced criminal defense attorney to talk about your case. You know, the breath test is just one aspect of a DUI case and it's not the be all and end all but you do need to be informed so make sure that when you do consult with experienced criminal defense council about your DUI case that you do ask the right questions so that you give yourself the information that you need to make the right choices.