Can I refuse a portable breath test?

CAN I REFUSE A PORTABLE BREATH TEST?

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August 9, 2017

If you are pulled over in Oklahoma and accused of drinking and driving, it is likely that you will be asked to participate in various field sobriety tests such as a portable breath test. The majority of the tests that are given are actually even difficult for sober people to complete with 100% accuracy, and are therefore considered to induce a guilty result. Once a field sobriety test is failed, the officer then has probable cause to make the arrest. Refusal of a test may itself result in probable cause for your arrest, but will end up in less strong evidence that could be held against you further down the line.

To answer the question at stake, “can I refuse a portable breath test?” The answer is, not only can you refuse it, but it is actually advised that you refuse it if you have put any alcohol into your system at all. The reason for this is that the test measures your blood alcohol concentration, but not your level of impairment; and impairment levels are different for different people in relation to said blood alcohol concentration. For example, for some people, their level of blood alcohol concentration will be above the legal limit, but they are still not incurring any level of impairment.

If you are arrested, regardless of your refusal or consent, you must clearly state to the police officer that you want an attorney, by doing so, any questioning will have to be postponed until your Oklahoma City DWI attorney is present. According to the Implied Consent Law, prior to your arrest on suspicion of a DUI, you will then be asked to receive a test for the analysis of the alcohol content of your blood. The police officer is required to read you the Implied Consent Warning before your consent and submission to the test. Although, in this case, you do still have the right to refuse the test, but said refusal will result in automatic suspension of your license. This in itself will be of separate offense from any potential DUI charges you may still potentially incur. Even if said blood alcohol test does not result in your favor, an experienced DWI lawyer can still provide you with an adequate defense case.

There are serious consequences to a DUI offense, whether it’s a first offense or a misdemeanor DUI conviction, and the repercussions can affect you for the rest of your life. From jail, to license suspension, to expensive fines and insurance costs, to permanent record implications that can affect your education, or career, and future finances, these are among the many reasons as to why it is so important that you hire a skilled DUI attorney to assist you in your case. If you are looking for a DWI lawyer in Oklahoma City, here at Worden Law, we are confident in our ability to help you fight to the win. Don’t hesitate to contact us today, and let us help you get your life back on track.

Source: Can I refuse a portable breath test? | Worden Law Firm

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