Posted on March 27, 2014 in Breath Test Refusal
A Cave Creek man was reportedly arrested earlier this month on charges that he drove while intoxicated. According to court documents, the man told arresting officers that he had not been drinking and he refused to submit to a breath test. He was eventually arrested on suspicion of driving under the influence after officers saw two open beer cans in hisvehicle.
Court documents say that the man is determined to have had a blood alcohol content of at least .15, and he has been charged with one count of extreme DUI. The factor we’d like to focus on here is the man’s initial refusal to submit to a breath test.
Those who are arrested for drunk driving are considered to have already given consent to submitting to breath, blood or urine testing to determine their level of intoxication. Refusal to submit might seem like a good idea when one is intoxicated and doesn’t want to give incriminating evidence to police officers, but doing so means automatic suspension of one’s license or permit for at least one year and officers may still be able to collect enough evidence to give prosecutors a good case.
Because of this, it is usually not helpful for a suspected drunk driver to refuse to submit to testing. In some cases it may be, but it is always risky. On the other hand, even if officers obtain evidence that the driver was intoxicated at the time of arrest, there may be ways to challenge the accuracy of the test or some other aspect of its administration.
It is important to work with an experienced attorney in building a DUI defense, as this will ensure that all possible avenues of defense are recognized and pursued and that available protections can be taken advantage of.
Source: Azfamily.com, “Cave Creek buffalo wrangler, bar owner arrested on several charges,” Christian O’Haver, March 19, 2014.