Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Consequences of Breathalyzer Refusal »
0
- If you have been driving under influence (DUI) then you may be asked by the police officer to submit to a breath test or urine test to determine their blood alcohol content. If you refuse to appear for the breathlyzer or blood test then there might be seperate charges against you besides the DUI offense for which most have laws which specificly define the stirict penalties for anyone refusing to appear. To further make you case better, you might need to speak with a specialized DUI lawyer who could handle your case in your favor as even if you refused the test, you may still be convicted of a DUI.
More Penalties for Breathalyzer Refusal
Due to higher level of refusals, most states have revised their laws as they should to provide for stricter DUI penalties for blood alcohol content test and Breathalyzer refusal. Click here to read more »
You might also like
 |
 |
 |
 |
What is Ignition Interlock System? »
As required by the law following DUI conviction, a breath alcohol ignition interlock system needs to be installed on the dashboard of your vehicle which is a breathalyzer. Under this the ignition interlock system, before you start your vehicle you need to blow into the BAC tester. That would test whether you are under the influence of alcohol or not. If you are under the allowed limit then the car would start and you could operate it normally. However, if you exceed the allowed limit then the starter on the car will lock and the driver won’t be able to drive it.
These devices are only issued to you if you have been already been charged for DUI. However you might also be forced to pay for the installation and the operating fees for this device which might cost you a few hundred dollars.If you were previously charged with a DUI and are worried about having to use this system then you might have to consult a DUI lawyer who might help you with your case. Click here to read more »
You might also like
 |
 |
 |
 |
Understanding Implied Consent »
Implied Consent states that it’s the consent assessed when the circumstances allow a person around you to believe in the fact that consent has been granted even though if the word of agreement was not direct, express or explicit. This is often used by the law enforcing agencies to determine where you’re intoxicated or clean. For instance in case of drunk driving, if you’re drunk and you’re driving a vehicle then you have given a consent to submit to the approved test to test whether you are drunk driving or not. If you’re stopped driving for any particular reason then you can refuse to take the breathalyzer test, this is because when you got hold off your license, you gave consent for this to be done. But if you deny driving in a drunken state or refuse to give the test then you would find yourself in hot water than compared to giving the test.
In the city of Pennsylvania, the law of implied consent requires you to give the test. If you fail to do or deny appearing for it then you would lose you driving license for up to a period of 12 months due to the refusal itself. Given the above condition you still land up with DUI conviction and the 12 month ban period, therefore most lawyers advise their clients to go ahead with the test than to deny it.
For instance as mentioned above if you are stopped while driving or rather arrested then the officer on duty would read out the Implied Consent notice to you as stated by the law. After that you would be required to appear for various tests such as blood test, urine or breath or maybe in severe cases a combination of all three. It mandatory to give the test as you had agreed while accepting your driving license and if you fail to follow this then there might be severe complications. Having been arrested for drunk driving and if there are any exceptional circumstances such as injury or death or any one due to your influence of alcohol then you might be subject to a term of 15 years imprisonment. Thus its highly recommended that you give the test. Click here to read more »
You might also like
 |
 |
 |
 |
Facts about Military DUI charge »
There are differences among Military DUI charge and civilian DUI charge. If you are in military and have been caught for DUI then you have to keep in mind that the process and consequences of a Military DUI charge can be much different than someone who faces a civilian charge. So here I have mentioned some important differences that you need to understand when you’re dealing with a Military DUI charge.
Fact # 1: Alcohol Intoxication Limit for a military DUI
A military court can use the state’s legal blood alcohol limit for a military DUI for the members of the military. However, this does not happen every time, as military courts aren’t limited to the state’s legal limit. If in case you have a blood alcohol limit that is lower than the state’s legal limit, but if the military court feels that it was enough to impair your ability to operate a vehicle, then you can still be charged with a military DUI.
You might also like
 |
 |
 |
 |
What Happen If You Arrested Second Time For DUI? »
Driving under the influence (DUI) is a criminal offense in U.S.A and it is one of the major causes of deaths in U.S.A. All US States are changing there DUI laws and becoming more harsh in penalties for DUI offenders. But people are more and more indulging in driving under the influence offense and don’t know the consequences of this offense in their future. Every state has different DUI laws and penalties for such drivers. 
First time DUI offense is taken as seriously but if some one convicted second for DUI, he or she has to face more harsh penalties. Second time DUI offense can take you to jail and your driving license can be revoked. In Pennsylvania, a first time DUI offence is six month probation sentence with a fine of $300 but it becomes more intense on second time DUI arrest. If a man convicted for second DUI, jury can send him to jail for five days and can fine him more than $300. The fine can be up to the $2500 and driver’s license will be revoked for 12 months.
You might also like
 |
 |
 |
 |
10 Mistakes To Be Avoided While Arrested For DWI »
Here are some biggest mistakes that you must avoid in case you arrested for DWI.
1: Take the matter seriously:
If you are really convicted then this charge will follow you forever. The Department of Motor Vehicles will continue to chase you till the next ten years. If you have three lifetime convictions then you must have to keep away your license from you at least for eighteen months. Your rates for convictions will also be increased if you dot maintain your insurance and your insurance company will notify the Department of Motor and Vehicles.
2: Don’t refuse chemical test
If you get arrested for DUI charges and officer ask you to give chemical test, don’t refuse to give. If you refuse to give the chemical test, you may face arrest at the spot and your license can immediately be revoked or it may cause complexities for you case.
3: Hire attorney:
You must hire a DUI specialist attorney for you to handle your case wisely. You must take the services of wise and competent attorney to win the case. So hire a competent and wise attorney to win your case.
You might also like
 |
 |
|
 |
New Hampshire liquor Commissioner Arrested for DUI »
Richad Simard, New Hampshire State Liquor Commissioner, was arrested for driving under the influence (DUI) on Saturday night.
Commissioner Richard Simard was arrested on Saturday night around 11:30 p.m on refusal for alcohol breathalyzer test.
Police has done his duty very honestly as the DUI offender is the liquor commissioner of the state.
Further more John Lynch, New Hampshire governor said in his statement:
“However, it is simply unacceptable for a liquor commissioner, stopped by the police on suspicion of driving under the influence, to refuse a breathalyzer test.”
After the arrest of State Liquor Commissioner, Hampshire Governor Lynch has fired Simard from his office. Lynch also seeking new commissioner for replacement.
According to New Hampshire law a person who is arrested in driving under the influence and refuse to give breathalyzer test will automatically loses his driving license.
You might also like
 |
 |
 |
 |
Driving Under Influence »
Operating a vehicle while one is drunk has accounted for about 39% deaths in USA alone.DUI means to drive an auto when under influence of alcohol or other intoxication. In most jurisdictions such act is not allowed under law and if committed,it is penalized.Moreover, its record is also kept that is easily traceable. 
Usually people think DUI is removed from the records after certain time where in fact such record can be kept indefinitely.While some countries have laws that remove DUI from a person’s record after some years,there are other countries in which it is kept just forever.
A person found guilty of DUI will quite often find himself in situations where he would be asked to present his DUI record.For example,applying for a driver’s job. Click here to read more »
You might also like
 |
 |
 |
 |
New York DUI/DWI Penalties »
Laws requirement for suspected DUI drivers to concede to breath, blood, or urine testing is knows as “implied consent laws”. Refusal for carries penalties, which include mandatory suspension of driving license for up to a year.
Blood Alcohol Concentration (BAC)
If any driver in New York will be driving any motor vehicle with blood alcohol concentration (BAC) above than 0.08 percent will be measured “per se intoxicated” under the law. According to this law, that is all, which is needed for a driver to be convicted for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
You might also like
 |
 |
 |
 |
Ignition Interlock Bill in Kentucky »
On Tuesday, a House committee has passed a bill for DUI conviction. According to that bill the DUI convicted people might have to pass a Breathalyzer test each time they start their vehicle.
This House Bill 58 will allow the judge to order for a breath alcohol-monitoring device for a person’s first DUI conviction. This ignition interlock device requires a person to go under a breath test before starting the vehicle; if the person will be too dunk to drive then the car will not start.
Democratic Rep. Dennis who had sponsored this bill told that the person who will be charged for this penalty would pay $2 to $3 a day for the device and that can continue for up to a year.
Keene said that he is sponsoring this bill because his daughter was injured by a drunk driver in 2002 and she have to go under three operations. He said that cost is not the issue if they can buy liquor then $3 a day is nothing, its almost equal to the cost of a beer in a bar.
You might also like
 |
 |
 |
|
