Refusing to provide a breath sample when requested by law enforcement is a serious charge with significant penalties. If you are facing a charge for refusing a breath sample, it is crucial to understand the legal implications and seek experienced legal representation.
What is a Refuse Breath Sample Charge?
A refuse breath sample charge occurs when an individual fails to provide a breath sample upon a valid request by a police officer. This charge can be laid in conjunction with other DUI charges, such as impaired driving or having a blood alcohol level over 80 mg.
Key Points:
- Reasonable Suspicion: An officer can request a breath sample if they have reasonable suspicion that you are impaired and have driven a vehicle in the last three hours.
- Request Locations: An officer may request a breath sample at various locations, including the roadside or a hospital.
Penalties for Refusing a Breath Sample
Refusing to provide a breath sample carries its own set of penalties, which can be severe and increase with subsequent offenses.
First Offense Penalties:
- One-year licence suspension
- Minimum $1,000 fine
- Mandatory attendance at an alcohol education program
- One year of driving a vehicle with an ignition interlock device
Second Offense Penalties (within ten years):
- Three-year licence suspension
- Minimum 30 days in jail
- Mandatory attendance at an alcohol education program
- One year of driving a vehicle with an ignition interlock device
Legal Defenses for a Refuse Breath Sample Charge
Defending against a refuse breath sample charge can be complex. However, several defenses may be available based on the specifics of your case.
- Valid Demand: The police officer must have made a valid demand for the breath sample. If the demand was not valid, the charge may not hold.
- Reasonable Excuse: You may have a reasonable excuse for refusing to provide a breath sample, such as:
- Medical Conditions: A medical condition that prevents you from providing a breath sample.
- Unreasonable Inconvenience: Being asked to provide a sample in an unreasonable location or under unreasonable conditions.
- Final and Unequivocal Refusal: The refusal must be final and unequivocal. If the refusal was not clear or final, this can be a point of defense.
- Actions of Police Officers: The actions and conduct of the police officers involved in the request for a breath sample are also crucial. Any procedural errors or violations of your rights can be grounds for defense.
- Lack of Evidence: Refusing a breath sample results in no evidence of your blood alcohol level. While this can limit some defenses, it also means that there is no direct proof of your impairment.
Importance of Legal Representation
Facing a refuse breath sample charge requires the expertise of a seasoned DUI lawyer such as Gary Batasar. He can help you navigate the complexities of the legal system, build a robust defense, and represent you effectively in court.
Why Choose Gary Batasar:
- Expertise: Gary Batasar has extensive experience in defending DUI and refuse breath sample cases.
- Client-Centered Approach: He prioritizes the clients’ needs and provide flexible payment plans, no hidden fees, and 24/7 availability.
- Comprehensive Defense: He works closely with you to develop the best possible defense strategy.
Contact Us: If you or a loved one is facing a refuse breath sample charge, do not face this challenge alone. Contact experienced DUI Lawyer Gary Batasar immediately for a consultation. He is committed to providing the best legal representation and ensuring your rights are protected.