Tag: DWi defense

Can I Refuse a Breathalyzer Test?

Unfortunately, drunk driving arrests, as well as DUI convictions have become very common in DC. You have probably read multiple articles saying that you can refuse a breathalyzer test without experiencing any consequences. On the other hand, a bunch of other articles claim that you will face severe consequences, even immediate jail time, if you refuse this test. So what really happens in case of a DWI breathalyzer refusal? Take a look at the real consequences you might face if you decide not to submit your breath sample to a police officer.

Refused to Submit to Chemical Breath Test

If you refuse a Breathalyzer test, you will definitely face legal consequences for your actions. If the police officer suspects you are driving while intoxicated and asks you to submit to a test, you must obey. If not, you can immediately have your driving license suspended or you can even go to jail. Even if you manage not to submit to a Breathalyzer test, the prosecutors may base their case on other evidence. Officer’s observations and witness testimony are considered equally strong DUI evidence as Breathalyzer test evidence or field sobriety tests.

Some states make a distinction between refusing a chemical breath test or refusing a blood, urine, or a breath test after the arrest at a police station or hospital. If you refuse the tests after the arrest, the penalties for your actions will be heavier. Your refusal can also be used against you in a trial. The best way of defending a DWI in DC is to hire an experienced DWI lawyer who can explain your rights to you and navigate you through the legal system.

In most cases, since driving is considered a privilege and not a right, refusing a breath test will lead to license suspension, hefty fines or jail time. According to DC DUI law, the driver has implicitly consented to a breath test because, as we mentioned, driving is considered a privilege and not a right. In exchange for your privilege, you have to consent to a BAC test any time a law enforcement officer asks for it. If you want to find more information about this law, you should check out DC’s implied consent laws. To conclude, if you refuse a BAC test, you are actually surrendering your driving privileges which mean your driver’s license can be suspended. Drivers are usually penalized by suspending their license for up to 12 months. If you have been convicted for DUI before, and you have refused a breath test, the suspension can last longer or you can go to jail.

No-Refusal DUI Enforcement

Drivers usually avoid BAC tests because they want to avoid incrimination. However, many states have adopted a new law, called a “no-refusal” DUI enforcement, which allows the police officer to force the drivers to submit to testing. Of course, the law enforcement needs a warrant before they are authorized to do this. To resolve the issue of a suspect sobering up before a paper warrant arrives; police officers can procure temporary electronic warrants. If a driver refuses a warrant-ordered BAC test, he will face contempt charges.…




Learn About DWI Defense From A New Jersey Lawyer

We researched attorney Stephen Lukach regarding what he does and the details of DWI defense. The findings are as follows:

First, we looked at Mr. Lukach’s background, and this is the information that we got. Attorney Stephen Lukach attended Kutztown University for his undergraduate degree. After his time at Kutztown, he went on to study law at Widener University School of Law. During his time in law school, Lukach worked as a clerk for the Philadelphia Court of Common Pleas. After graduating from law school, Attorney Stephen Lukach took the proper tests to be able to practice law in NJ, DE, and PA. His specialties include DWI defense and criminal defense. Since beginning in the field of DWI law, Lukach has handles thousands of cases and has developed a thorough knowledge about the best way to defend each of his clients. Lukach practices mainly in New Jersey, and he represents clients in many different counties within New Jersey. If you are in need of DWI or criminal defense lawyer, then Lukach is an excellent choice!

Next, we researched DWI laws and penalties. Read on for basic information about DWIs. A DWI is the same thing as a DUI. DWI stands for driving while intoxicated while DUI stands for driving under the influence. What is the difference? DWI is just the term used for a DUI in New Jersey. If the police suspect you of driving while intoxicated in New Jersey, then they will pull you over to check things out. A DWI has a lot of very severe consequences. Some of these negative results include losing your driving privileges, spending time in jail, paying hefty fines, and other legal and non-legal penalties. Depending on a driver’s BAC (blood alcohol content) when he or she is pulled over, the penalties can be lesser or greater. The primary role of a DWI defense attorney like Stephen Lukach is to learn about his client’s case and to build a defense to obtain an acquittal or a reduction in the charges. For example, if the DWI was classified as a felony because of the driver’s high BAC, then a DWI defense lawyer will develop a case to get the charges lowered to a misdemeanor. I don’t know anyone who would prefer a felony on their record over a misdemeanor.

Finally, we researched some of the most common DWI defenses used. Lukach believes that an aggressive DWI approach is key to obtaining the best results. It is important for a client to explain every detail of the story including what happened before getting in the car when he was pulled over after the arrest was made, and during the drunk driver’s one night stay in jail. After learning about all of the large and small details, a DWI defense lawyer will use every defense possible to get a reduction in charges or better yet, an acquittal.…