El Paso DWI Attorney Ponders Avoiding a DWI if You Refused a Chemical Test

If you have been pulled over for DWI and refused to take the breathalyzer test, you may have questions as to how this will impact your case. There is some truth that if you refuse the breathalyzer test it could help you avoid a DWI conviction, but there are also other consequences surrounding your refusal. Prior to going to court, you should familiarize yourself with the information of chemical test refusal and the consequences surrounding that impacting your successful DWI defense. An experienced El Paso DWI attorney will be able to help you understand the laws relating to refusing chemical testing. Almost all states have an implied consent law dealing with chemical testing to determine your blood alcohol content. In simple terms, you have automatically agreed to a chemical test to measure your blood alcohol content if you get arrested for DWI on a public roadway. If you refuse to submit to a chemical test after you've been arrested at a bare minimum you will have your driver's license suspended. Some people believe that they have a greater chance of not being convicted for DWI if there are no test results and take the risk of losing their license by refusing the chemical test. Many states have decided to increase the penalties for chemical test refusal beyond just a driver's license suspension. These penalties could include additional fines of up to $10,000, additional insurance requirements which will cost more money, jail time and other criminal or civil penalties. They are hoping to encourage people to submit to taking the chemical tests. If you truly believe that the level of your impairment was not accurate per the police officer's report, then refusing a chemical test could help you. If there

are witnesses that can attest to your cognitive functioning and coordination at the time of your arrest and if you pass the field sobriety tests, refusing the chemical test could reduce the amount of evidence that the prosecutor has to try and convict you for DWI. However, this will not be the only tactic that the prosecutor will have in trying to convict you. They will usually have more evidence from the arresting police officer's observations that will be used to determine your guilt. This may include your cognitive functioning and whether or not it was normal, the reaction time and test whether or not your speech was slowed, your coordination, the results from the eye nystagmus test, and if you smelled of alcohol either in your breath or clothes. All of these will be additional factors that the judge will look at in determining whether or not you are impaired. Another issue to consider in the chemical testing refusal is that chemical tests are not a 100% accurate. Occasionally, the blood alcohol level results will be up to 15% higher than what the actual blood alcohol content is. You could avoid a false reading if you refuse the test but you have to keep in mind that by refusing the test this is another piece of evidence that the judge will use and consider when comparing all the other factor that are previously mentioned. If you have been arrested for DWI and refused a chemical test, it is critical you hire an expert El Paso DWI attorney who is experienced in this part of the law and will be able to craft the best offense and argument for the judge. An expert El Paso DWI attorney will also be able to explain the consequences, penalties and fines you will be facing and what the best strategies are for your defense prior to you going to court. For more information, please visit http://www.dwielpaso.com or call (915) 317-1933 to schedule a free consultation.

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