A criminal defense lawyer can assist you in challenging DUI charges made from failure in providing the breath sample. To eliminate your guilt the lawyer standing for you is going to answer these questions.
Was A Legal Requirement in Claiming a Breathalyzer Test Met?
The police shall make a legal demand to the suspect for him/her to submit to a breathalyzer test. Basically, if an officer fails to produce a reasonable suspicion to demand the breath sample, then a person is free to decline a breath test. An explanation to that is that it all depends with the circumstances and each case is unique in its own right. Hence, one needs to consider all the elements of the circumstances that preceded the demand to take a breath sample in order to draw conclusions.
A Reminder of The Cause of Refusal or Failure?
It is required to evaluate the purpose of refusal or inability to take a breath test. This is the case because if it was a mere refusal that was not intentional in the conduct of the accused then the accused does not commit the offence. The reasons for unintentional refusal or failure include:
- The collection of any matter in the mouthpiece which is receiving the sample
- The officer and the accused maybe from different linguistic backgrounds or regions
- When one has failed to understand something due to taking alcohol or any other drug/has a disease; asthma, emphysema
If the accused purposely did not take or snubbed a breath test during the trial, it may work in the prosecution’s favor. If so, the accused is discrediting the evidence and has to give a reasonable explanation as to why they intentionally withheld or refused to give a breath sample.
Reasonable excuses can be:
On Medical Grounds: This includes a risk to the health of the accused in relation to the test or to the administration of or completion of the test.
Mental Grounds: These charges are very drunk that they cannot comprehend the demand, not to mention the penalty for refusal.
Were the Police Accurate in Their Observations?
The police have a legal responsibility to ensure that the driver:
- knows that the police officer has requested the conduct of a breathalyzer test
- have a standard of what they should/could do
- knows or should know the consequences if they refuse/fail to comply with the requirements mentioned above
- will have been given a reasonable opportunity to provide the breath sample
- Failure in any of these points may lead to false verdicts such as not guilty, which is not what is intended
Last Thoughts
DUI is a criminal act that endangers lives on the road. It is important to note that ARFH does not condone any form of substance abuse. Such reasons make it necessary to perform the breathalyzer tests with a view of ensuring that individuals do not drive while under the influence of alcohol or any other intoxicating substance. If you are arrested by the police and are requested to blow into an approved screening device in accordance with section 215, the failure to do so or if you attempt it but are unable to blow properly into the device or you blow into the device but there is no reading, you will be guilty of an offence.
The penalties that are imposed to a person that is presumed guilty are severe and challenging to handle. If you are faced with an accusation of being charged with an offense under 21 R. S. Q., c. C-0.9, s. 320 (1), consult a criminal lawyer in Virgina. They are able to examine the details of your case and advise you on how to counteract them in the court. When you hire a good lawyer, then you should expect that they will always defend you when you go to court.
