Many of you have commented on the high number of DUI arrests in Fitchburg over the weekend. With the amount of DUI arrests increasing, here are a few things to keep in mind from a DUI Attorney.
First of all, you should know that you have the right to refuse field sobriety tests, and any such refusal can’t be used by the Commonwealth at trial in its case in chief against you. This is important because there are a number of reasons why a person can’t perform well on field sobriety tests, without being under the influence.
In a similar vein, you have the right to refuse the breathalyzer test, and any refusal can’t be used against you by the Commonwealth in its case in chief. Whether or not to take the breathalyzer test should be carefully analyzed, because once you agree to the test and produce a result of .08 or above, you are stuck with that result.
Finally, the decision of whether or not to take the breathalyzer test also carries with it license consequences. For instance, refusing to take the breathalyzer test on a DUI first offense carries with it a six month license suspension. Taking the test and failing on a first offense results in a thirty day license suspension. This is often how the police are able to encourage those arrested to take the breathalyzer.
With these point in mind, if you or someone you know is arrested for DUI, contact an attorney with experience trying DUI cases. With your livelihood and your license on the line, don’t hesitate, make the call today.