This Blog contains information on a wide variety of topics related to criminal law.  If you have additional questions please call (216)-264-6295.

 

Disclaimer

Should I Blow During a DUI Stop?

Many people ask me whether or not they should blow (submit to a breathalyzer) when they are stopped by police for a DUI. The answer is “it depends.” The analysis involves a very complicated investigation of the facts of your case and your personal history. You should never refuse the breathalyzer test without understanding how a refusal would affect you.

 

Any criminal defense attorney would rather have less evidence against you rather than more, but giving blanket advice to refuse the chemical test is a mistake.  Several factors such as having a commercial driver’s license (“CDL”), if there was an accident prior to the stop, or if you have any prior DUIs in the last 10 years; can effect whether or not you should submit to a chemical test.   

 

Refusing a chemical test like a breathalyzer test can result in harsh penalties, which includes a one-year license suspension and a longer period of time before you can get driving privileges.  PLEASE CONSULT AN ATTORNEY IF YOU HAVE ANY QUESTIONS ABOUT THIS.

Categories: DUI/OVI