If the police officer contends that you refused a blood alcohol test when you really did not, you can contend their assertion in court. Facing a DUI charge is stressful, especially if you’re wrongly accused of refusing a blood alcohol test. Such accusations can lead to severe penalties, including automatic license suspension.
Misunderstandings, procedural errors, or miscommunications often cause these situations. Remember, if you’ve been charged with drinking and driving and have refused a test, contact our Los Angeles DUI lawyers now for legal help – we’re available 24/7.
Factors That May Influence if a Police Officer Says You Refused Your Test
Refusing a chemical or field sobriety test after a DUI arrest is illegal and results in extra penalties if you’re convicted. But what if the officer says you refused and you really did not?
This is a difficult area because refusal isn’t always as clear-cut as it seems. If you’re sure you didn’t refuse the blood or breath test, but police say you did, most likely one of these factors is involved:
Police Were Ambiguous in Ordering the Test
Police are required to inform you of the penalties of refusal when they first order you to take the test. If they don’t, or if they are ambiguous, you may not have understood that it is required by law and that refusal carries added penalties. If this is the case, your refusal charge can often be dismissed.
You Were Unconscious or Unable to Consent
If an injury caused you to be unable to give meaningful consent, you can be excused for “refusing” the test. A blow to the head during a car accident is the most common reason for this.
You Were Impaired or Under the Influence of Drugs or Alcohol
If the reason you were unable to consent or were unconscious was because of alcohol or drugs, you are not excused from the test. Your inability to consent in this case does count as a refusal. This includes legal drugs, even if you have a prescription.
You Requested a Different Test
You are allowed to request a different type of chemical or field sobriety test. But you’re not allowed to insist on it. If the officers don’t have the other kind of test available, you still have to take the one you’d prefer not to take. If you attempted to request a different kind of test and the police took this as “refusal,” the refusal can be challenged.
Your Reluctance Was Mistaken as Refusal
Law enforcement officers only have to tell you to take the test once. If you hesitate rather than agree, it can be interpreted as a refusal. Again, this can be challenged.
You Have a Valid Medical Reason
If you have a medical condition that would make one kind of test risky, and you tell police that, they must give you the other kind of test instead. If they fail to do this, it should not count as “refusal,” and the charge can be challenged.
The Police Failed in Their Duty
Police do make mistakes. One officer may miscommunicate to another. They may fail to inform you that the test is required.
If you are sure you weren’t asked to take the test or weren’t informed of the consequences, there will likely be evidence of this in the record. Your lawyer can find this evidence and use it to get the refusal charge dismissed.
Common Types of Blood Alcohol Concentration Tests
Blood alcohol tests are critical in determining a person’s blood alcohol concentration (BAC) to assess impairment in DUI cases. Several methods are employed to measure BAC, each with its own procedures and accuracy levels:
- Breathalyzer test: This is the most common method used by law enforcement during traffic stops. The suspect blows into a device that measures the amount of alcohol in their breath, which is then converted into an estimated BAC. Breathalyzers provide quick results but can be affected by factors like mouthwash or certain medical conditions.
- Blood test: Considered the most accurate method, a blood sample is taken from the suspect and analyzed in a laboratory to measure the exact BAC. Blood tests can detect alcohol levels more precisely than breathalyzers and are used when more definitive evidence is required. However, they are more invasive and require proper handling and storage to ensure accuracy.
- Urine test: This method is less common and typically used when other tests are not feasible. The suspect provides a urine sample, which is analyzed for alcohol content. Urine tests can be less reliable because they measure alcohol that has been metabolized and may not reflect current impairment levels accurately.
- Saliva test: A newer and less frequently used method, saliva tests involve swabbing the suspect’s mouth to collect a sample. These tests can provide quick results but are generally less accurate than blood tests and are still gaining acceptance in legal settings.
Each type of test has advantages and limitations, and the choice of test can depend on the situation, required accuracy, and available resources. Understanding these methods helps comprehend the evidence used in DUI cases and the potential challenges in contesting the results.
Partner With Our Criminal Defense Lawyers if You’ve Been Accused of Refusing a Breath Sample
When facing a DUI charge, having the right legal representation can make a significant difference in the outcome of your case. Our DUI defense lawyers are dedicated to providing top-tier representation and personalized attention to ensure the best possible defense for our clients. Here’s why you should hire our DUI defense lawyers:
- Knowledge and experience: Our lawyers possess extensive experience and knowledge in handling DUI cases. We understand the intricacies of DUI laws and have a proven track record of successfully defending clients. Our deep familiarity with the legal system allows us to identify potential weaknesses in the prosecution’s case and develop effective defense strategies tailored to your specific situation.
- Aggressive defense strategies: Our team is dedicated to aggressively defending your rights. We meticulously investigate every aspect of your case, from the legality of the traffic stop to the accuracy of the blood alcohol tests. Our goal is to achieve the best possible outcome for your case with our DUI defense strategies.
- Free consultation: We offer a free initial consultation to discuss your case and provide you with a clear understanding of your legal options. This no-obligation meeting allows you to learn more about how we can help you and gives you the confidence that you are choosing the right legal representation for your DUI defense.
So, what if the police officer contends that I refused a blood alcohol test when I really did not? If you’ve been charged with driving under the influence of alcohol, don’t wait to call our criminal defense attorneys today.
Contact Our DUI Defense Attorneys if You’re Facing Drunk Driving Charges
It’s very difficult to challenge refusal without the help of a DUI lawyer. If you’ve been charged with drunk driving, we can pair you with a lawyer who has the experience to take on your case and will give you a free consultation.
Contact us to get your FREE consultation today. Our Los Angeles DUI lawyers are here to help you after you have refused a blood alcohol level test, no matter the reason.
