Refused breath test DUI lawyer reveals surprising legal advantage
Legal Advantages of Refusing a Breath Test
A major advantage of refusing a breath test is the potential to limit the evidence available against you. Without a concrete blood alcohol concentration (BAC) result, the prosecution must rely on other, often less definitive, evidence such as officer testimony and field sobriety tests. This scenario opens up numerous avenues for defense attorneys to question the reliability and accuracy of the evidence presented.
Moreover, some jurisdictions have specific legal nuances that can be exploited by a skilled DUI lawyer. For instance, certain states require law enforcement to follow strict protocols when conducting DUI stops and advising suspects of their rights. Any deviation from these protocols can be grounds for dismissing charges, especially if a breath test was refused under questionable circumstances1.