When caught under DUI or drinking under intoxication you can land into some serious trouble that could lead to arrest or your driving license could be suspended. The arresting officer might ask you to undergo field sobriety test or take a blood test or breath test, but with presence of mind you can avoid being a DUI convict and here are a few tips that can be helpful in minimizing the chances of criminal conviction or the confiscation of your license...
Politely decline if you are asked too many questions by the arresting officer, tell him that you would answer only in the presence of your attorney, as anything you will answer otherwise would go into police records and used against you in the court that might prove to be very troublesome.
Remember it is not a hard and fast rule to take up the field sobriety test, so decline the test at the very first instance itself to avoid further legal scrutiny. And these tests are to determine impairment due to alcohol consumption or drug influence and obviously they are designed in a way to fail you anyways, so avoiding them is the best policy.
The preliminary breath test or PBT gadgets are carried by the officers to determine if the drivers are under the influence of alcohol and most of the times these handheld machines are erroneous. In most states of the US these tests are not mandatory and are a must only if the driver is below 21 years of age.
It depends on individual cases as to the choice of test, whether you wish to take a field sobriety, breath or blood test and the DUI law varies in every state especially if you are refusing the tests; in some states refusing the tests will lead to immediate suspension of the license followed by arrest, so you need to have ample knowledge about the DUI law pertaining to different jurisdictions to save your skin rather lessen the degree of conviction. And also remember the prosecution will make two crucial charges DUI and BAC or if the blood alcohol concentration level exceeds 0.08, which can be determined only by a blood or a breath test and without these tests he cannot prove the BAC charge and therefore there will be no substantial evidence to prove you guilty.
There are many ways to avoid DUI conviction and with the help of a good DUI attorney it gets simple to get out of the legal turmoil quite successfully and also for your information in most states your license will be confiscated if you refuse to take the test or the BAC is over 0.08 and your lawyer can help to a great extent in this regard.ConcordNH DWI Lawyer Attorney Dan Hynes
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