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Monday, March 25, 2013

You Have The Right To Refuse A Breathalyzer Test

As the weather gets warmer and the days grow longer, a familiar scene is taking place all over America's vacation destinations. Spring Breakers are converging on every locale from the mountains to the beach. With that influx comes an increase in DUIs.

If you or someone you know has had a DUI, then you know what a costly and taxing ordeal it can be. Your spring break can go from a dream-like oasis to a nightmarish hell.

When people see the red and blue lights in their rear-view mirror they are often times so petrified with fear that they immediately start giving away their rights. Generally, the thought is if they are courteous and compliant with the officer then they could perhaps charm, or lie their way out of it. That's a big mistake. Yes, you should always be courteous and respectful to any peace officer. However, they are not there to make friends or even to cut you a break.

If you are accused of drunk driving, the arresting officer will ask you to perform a field sobriety test. Don't do it. It is your right not to and you should exercise that right. Also, you have the right to refuse a breathalyzer. Refuse it. This is another attempt to essentially try and convict you on the spot. Simply and respectfully decline. They will arrest you and they will impound your vehicle, but now you have a leg to stand on. You haven't provided field evidence that can be far more damning than any tests they subject you to when you get to the station.

It is not an ordeal anyone wants to go through. The best way to avoid a DUI, obviously, is through abstinence. But, reality has proven that the best of us still get caught up in the worst of scenarios. Just remember, if you do get caught up in one of those scenarios--Clam up and lawyer up.

Contact San Jose DUI Attorney William Chestnut at 408-298-6990 if you have been arrested for a DUI.

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