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The Effects of Refusing to Submit to DUI Testing


As a criminal defense lawyer in Miami and Fort Lauderdale, I get asked at every social event I go to “what happens if I get stopped for DUI “? The answer depends on whether you have been drinking and how much you have consumed. If you have had nothing to drink (and aren’t under the influence of any other substance) fully cooperate with the police, take all of the tests they ask you to, and answer all of their questions. That’s the easy part of the conversation. The more difficult question comes up if you have been drinking and you’re not sure whether you will pass the tests or not.

I tell people all the time do not take any of the tests if you are unsure of what the outcome will be.

And the reason for this advice is simple; the tests the police give you are to help them convict you in a court of law. If you are intoxicated and you take a breath test, the police will have a number that can be introduced into a courtroom that quantifies your level of intoxication. Why give the police that evidence? If you take the roadside tests, walk the line, finger to nose, walk and turn etc. and fail, you will be creating evidence for law enforcement to use against you at a later time. If you are going to fail, don’t help them convict you. However, there are consequences to following this advice.

If you refuse to take a breath test or the roadside tests, that fact can be introduced as evidence against you. Also, if you refuse testing your privilege to drive can be administratively suspended. The suspension can be fought on a number of grounds and a Fort Lauderdale Criminal Defense Attorney will best be able to advise you on your individual case. However, the consequences of a refusal are better than having a DUI conviction on your record. A Miami Criminal Defense Attorney will help ensure that you don’t have either a DUI conviction or a suspension on your record. If you get arrested or stopped for DUI contact the best criminal defense attorney in Miami you can as quickly as possible.

Commentary by Miami Criminal Defense Lawyer Yale Galanter:

Yale Galanter, a Miami criminal defense lawyer, has over 30 years of experience providing discreet and aggressive legal counseling to both public figures and clients looking for precise and excellent legal defense. Yale Galanter is known for his personal representation and attention to your criminal matter.

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Contact the Miami law offices of Yale Galanter at (305) 576-0244 or (954) 524-6600 or browse through the rest of our site.