What if You Refuse for DUI Tests?

DUI Testing

Refusing to be examined by the police officers after stopped for the alleged DUI in Tampa is a personal right, but not a matter of defense nor immunity from suit and liability when your acts are apparently not normal, or the air you exhale attests your guilt for driving while intoxicated. For such, it is undisputed that you have two choices when you're already got caught: (1) take the test to prove your innocence, or (2) refuse from being examined to admit your guilt? You really have no place of escape and no reason for defense when you're doubtless that your alcohol level is beyond the legal limit. But you always have the opportunity to wish that the judgment would be the opposite of what you and the mobs think it would be.

The reason why, to avoid making a “monster” that would haunt you every time the spirit of alcohol flashes back into your thought, it is always safe to invoke you rights and know the relevant laws because it is neither good to just wait to be fined and jailed when your illicit acts are not yet proven beyond reasonable doubt. You might be thinking now of the consequences you would have after the refusal for DUI tests. Under the law of most states, the same penalty is imposed for those who refuse and the others who take; it is so because the mere refusal is tantamount to the admission of guilt. But don't think that the test is violative of your right to privacy because the implied consent principle states that the moment you acquired driver’s license, you have already impliedly given your consent to be examined for sobriety.

Regardless of which, however, it is already an established rule in the state's jurisprudence that the refusal may not preclude a charge for DUI and the police officers can present other evidences such as physical manifestations and chemical signs which may be apparent in the driver's breath to show that the accused was really under the influence during the time of arrest. And what is even worse is that the DUI and refusal to take tests could be considered as separate offenses or that the latter could be an aggravating circumstance to the former which could bolster the penalties imposed thereto. Thus, before confronted with this unfavorable situation, it is wise to note the following implicit signs (when you utter no words, but your acts convey a definite message) that you are refusing for DUI examinations:

·      If you do not explicitly say “yes or no” to have your breath, blood, or urine, examined by the authorities; 

·      If you provide breath samples that are not within the minimum alcohol level, but refuse to take another test, or if you blow on a breathalyzer only once and refuse to do it again;

·      If you agree to take any test, but do not give samples within the given time provided for by the law during the DUI arrest

;

·      If you become argumentative or abusive during DUI arrest. the period of arrest or request to take the tests.

Nevertheless, this does not at all mean that when you are already stopped, you have no other option except to grant the request to take the test so as to avoid having further penalties; you have the right not to do so when there was a violation committed by the police officer during the stop or arrest. For instance, when you were illegally stopped without any lawful cause, then that could be an infallible ground which you could use as defense for refusal and against the arresting officer.