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DUI Arrest: What If I Refuse to Participate?

DUI Arrest: What If I Refuse to Participate? What is a DUI Arrest?

A DUI Arrest occurs as a result of driving under the Influence of alcohol, illegal drugs, or a controlled substance (DUI); this is considered to be a criminal offense that is classified upon an individual’s arrest for operating a motor vehicle subsequent to the consumption of any or all of the aforementioned items, or operating a motor vehicle while in an intoxicated state resulting from prior consumption. 

The parameters surrounding a DUI arrest vary depending in the location of the arrest, in addition to a variety of additional stipulations, which can include the blood alcohol content (BAC) of that individual, the presence of any damage or injury resulting from a presumed DUI charge, past criminal history belonging to the individual suspected of driving under the influence of drugs or alcohol, and the overall circumstances surrounding the events themselves.

Refusal to Participate During a DUI Arrest

The following sobriety tests can be presented during a prospective DUI arrest:

Breathalyzer: 

Although an individual may refuse to participate in a Breathalyzer test, the consequences of doing so may result in additional punitive recourse; in certain cases, the refusal to participate in a Breathalyzer analysis can result in the immediate conviction of DUI charges – in other cases, the refusal to participate may be regarded as an admission of guilt within a court proceeding

Sobriety Tests: 

Individuals may decline participation within a physiological analysis, yet in doing so, they may experience consequences that include alternative charges within a DUI Arrest; although this is rarely uniform, and varies upon a case-by-case basis, declined participation within a physiological test may result in an automatic conviction of a DUI arrest – an expressed admission of guilt with regard to a DUI charge or conviction may be another type of recourse that may exist as a result of declined participation

Field Sobriety Tests: 

Upon the event being brought to court hearing as a result of a suspected DUI offense, law enforcement agents will be required to present the findings of field sobriety test in order to account for the existence of probable cause with regard to a DUI arrest; the refusal to participate in a field sobriety test does not preclude a DUI arrest.

DUI Arrest Terminology

A DUI Arrest can include any of the following associated terms and legal terminology:

Probable Cause:

Probable cause is a legal instrument that exists within the realm of a DUI Arrest, which allows law enforcement agents to briefly detain an individual – or individuals – as a result of the presence of any activity, actions, or behavior eliciting suspicion of the participation in criminal activity

Implied Consent: 

Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle

DUI Arrest Legal Assistance

In the event that an individual has been involved in a DUI Arrest, they are encouraged to consult with an attorney specializing in laws and legislation pertaining to legislation, charges, case details, and circumstances latent within the DUI. A DUI attorney will provide assistance in the creation and formulation of any or all applicable DUI defenses with the regard to the events expressed from the arresting officer(s), in addition to providing analysis of any or all expressed legality that had taken place within a DUI Arrest.

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