Wilmington DUI Test Defense Lawyer
If you are stopped by the police, it is likely that you will be asked to perform field sobriety testing before being asked to take the breath test. You do not have to perform field sobriety testing and when in doubt it is usually prudent to decline to perform these tests as the results often provide the legal basis to administer the breath test. In certain circumstances, the officer will give you a choice on whether to take the breath test. When given the choice, it is prudent to decline to take the test if you have consumed any alcoholic beverages If you have been charged with a DUI, contact me, Wilmington DUI test defense lawyer Michael Modica, today for a free consultation.
Wilmington DUI Test Defense Lawyer
Refusing a Breath Test if given the choice is likely the best decision if you have consumed any alcoholic beverages.
When you refuse to take the breath test, you force the prosecution to focus on other testing — like driving behavior or sobriety field tests — to prove you are guilty. While the results of field sobriety testing can provide the basis for administering the breath test, often it is insufficient by itself to prove guilt beyond a reasonable doubt. As a result, the lack of a breath test is an advantage for the defense.
At my Wilmington, Delaware, law offices, I — Michael Modica — have been helping people charged with DUIs defend against their DUI charge and protect their driving privileges for more than 40 years. I know the evidence the prosecution will use against you, and I know how to undermine their arguments and achieve the best possible outcome for your circumstances.
Refuse The Sobriety Field Tests And The Breath Test
As an experienced DUI lawyer, I know how intimidating it is to be pulled over by the police. Many people believe if they cooperate with police officers’ requests, they will be shown leniency. The police rely heavily on the results of field coordination tests. These alcohol tests include the Horizontal Gaze Nystagmus test (an eye test), the Walk and Turn test, and the One Leg Stand test. You have the legal right to refuse to perform field sobriety tests and if you have consumed more than two alcoholic beverages you should decline to perform these tests. Without the results of field coordination testing, the police may not have a sufficient legal basis to administer the breath or blood test.
The police cannot force you to take a breath or blood test without a search warrant. However, if you are given a choice you should elect to refuse a breath or blood test in Delaware if you have consumed alcoholic beverages and question whether you can pass the test.
You are innocent until proven guilty, don’t give the prosecution the evidence they need to prove their case — refuse the field sobriety tests, and if given the choice, you should refuse the breath test if you are concerned that you will fail it.
If you have been charged with a DUI, contact me, Wilmington DUI test defense lawyerMichael Modica, today for a free consultation.
