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Should I refuse to take the breath test to avoid a DUI charge?

You like to go out occasionally with your friends for drinks, food and a great time in the Nashua area. Amid all the excitement, you make an unwise decision that has you pulled over on the side of the road with an officer approaching your vehicle. Though you only had a few drinks, you do not feel like you look or are driving like you are intoxicated. 

You might find yourself wondering if you can legally refuse to blow into the breathalyzer device and avoid a DUI charge and conviction. Before you make another decision that could land you in jail, consider the following info about the consequences of a field sobriety test refusal. 

New Hampshire is an implied consent state. By law, if a police officer pulls you over because he suspects you are intoxicated, you must provide a breath, urine or blood sample. Usually, most officers carry a breathalyzer device so they can test potential DUI offenders while they are on the road. 

The importance of breathalyzer tests 

Law enforcement uses the breath test to determine what your blood alcohol content is. If you blow a 0.04 percent BAC and are under the age of 21, or you blow a 0.08 percent or higher and are over the age of 21, law enforcement will arrest you for being over the legal limits. 

Should you blow or refuse? 

It is important for you to know the penalties for refusal so you can make the best decision possible for your situation. You have the right to say no when asked to take the breath test. However, there is a price to pay for that refusal. The first time you refuse to blow into a breathalyzer device, you lose the legal right to drive for six months or 180 days. The next time you end up pulled over for the suspicion of a DUI and refuse to blow, you will lose your driving privileges for up to two years. 

A refusal can still lead to a DUI 

A refusal does not look good in the eyes of the law. You may think you are helping your case by refusing to take a breathalyzer, but you could end up doing more harm than good. Breathalyzer tests are not fail-proof. There are a variety of factors that can generate false positives and higher readings, such as medical conditions, medications, improper calibration, misuse and a lack of maintenance. 

You must consider the penalties and consequences of each option. In most cases, it might be better for you to submit to testing and challenge the results as a part of your DUI defense.

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Follender Law Offices, P.L.L.C.
127 Main Street
Suite 16
Nashua, NH 03060

Phone: 1603-577-8757
Fax: 603-882-4941
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