DUI vs DWI: Facts Every Driver Should Know
Breathalyzers, Possible Defenses To, Legal Representation and DUI and DWI
By Dr. Judy Gay, published Aug 28, 2007
Published Content: 42 Total Views: 251,975 Favorited By: 2 CPs
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DWI (driving while intoxicated ) and DUI (driving under the influence ) are serious charges. Statutes vary from state to state but there is some of what you should know about DUI and DWI, no matter where you reside.
>You do Not have the legal right to refuse to take a breathalyzer test.
Driving is considered a priviledge, not a right. When you applied to drive you gave "implied consent" for
the police to give you a breathlyzer test, at Thier discretion. Refusing to take a breathalyzer test does not mean the police can not determine whether there is alcohol in your system. In almost every state the police can take you, against your will if necessary, to the hospital to have you blood drawn. On top of that, refusing to take a breathalyzer test is a Seperate offense. If you refuse to take it you will most likley lose you license for a longer amount of time than if you had taken it and failed it. For example, in New Jersey, if you take and fail a breathalyzer and are found guilty if DUI you will probably lose your license for three months. If you refuse to take a breathalyzer you will lose you license for seven months..even if you are found Not guilty of the DUI charge.. If you refuse the breathalyzer and are found guilty of DUI..based on the officers' testimony, blood tests and or the field sobriety tests and tapes, you will lose your license for an average of ten months. If you refuse to take a breathalyzer you will be found guilty of that charge,, no matter what reason or excuse you give
Accidental intoxification/illness may or may not be a defense..

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Posted on 10/02/2008 at 3:10:12 PM
Deborah Dera
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Posted on 08/29/2007 at 6:08:00 AM