When a DUI suspect gets pulled over by a
law enforcement officer, it is a given that the suspect will be asked to
undergo sobriety tests so that the law enforcement officer can determine
whether or not the suspect is over the legal limit. However, Dumas, TX DUI lawyers,
and one of the best in North West Texas is Jerod Pingelton, reiterate the fact
that the US Constitution allows for suspects to decline or refuse unlawful
searches and seizures.
Essentially, the police officer cannot
search a suspect’s car or his or her person (breath, blood etc.) without the
suspect’s consent or a search warrant. What this basically means is that the
suspect can refuse to provide a blood sample or undergo a breathalyzer test.
Very often DUI legal professionals recommend that you actually politely decline
any sobriety testing and refer the officer to your legal representative
instead.
Requesting
a Dumas, TX DUI lawyer right then and there
But you may not have one at that time.
Also, asking for legal help that quickly can mean you are sort of admitting
guilt. On top of that, the police officer may be giving you that funny look and
may make a couple snide and sarcastic comments about your requesting legal help
right off the bat like that. It is up to you, if you think need legal help that
quickly, then you should ask for it. But know that are in a legal mess right
then when you do – though it could be smart if you think it will help you out.
This is America, you have that right.
The
implied consent law – what is it and how does it work?
To deal with such refusals, legislators
in most states including Texas have adopted the implied consent law. The implied
consent law is effective from when you are issued the state’s
driver’s license. The state asks you to sign an official document in which you
agree to or give consent to any sobriety testing if pulled over by law
enforcement.
Therefore, if you hold the license of
state where the implied consent law is in effect, then you are better off not
refusing sobriety tests. A refusal can lead to the immediate revocation of your
driver’s license and Texas DUI attorneys such as Jerod Pingelton (http://usattorneys.com/company/jerod-pingelton/) are cognizant
of this notion.
Types
of sobriety testing in practice
For the most part, there are several
different types of chemical tests that you may be subjected to if pulled over
on suspicion of driving under the influence.
Chemical testing – A chemical test is
where the suspect will be asked to provide a blood sample or undergo a
breathalyzer test. In some cases, the officer may even ask for a saliva, urine,
or hair sample. The sample is then examined or tested. In the case of breath
samples, the testing is usually done on the spot whereas other samples are
required to be sent to the lab where the results are determined within a few
hours.
As mentioned, refusing to submit to a
chemical test has some consequences. According to Dumas, TX DUI lawyers, it is
wise not to refuse testing in implied consent law states whereas in other
states refusing the tests may actually work in your favor. However, this is
something that legal professionals may differ on depending on several factors
surrounding a case.
Apart from a license suspension (the
length of the suspension depends on the state), when the case actually
progresses to trial, the judge or the jury in charge of the case can actually
consider the refusal of a chemical
test as evidence of intoxication and your Dumas, Texas DUI lawyer
will work with you on this. The arresting officer may testify in court that you
refused a chemical test, which may not be easy to defend but no one said your
legal representative’s job was easy.
If that was the case, Jerod Pingelton’s
phone would not be ringing so much.
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