Be wary of advice that says “never” or “always” submit to this test. There are numerous factors to consider when determining if a client should take a breathalyzer test or refuse the test. The important questions include: Whether you have a prior conviction for driving while intoxicated How many alcoholic beverages you’ve consumed Whether there [...]

The consequences of refusing to take a breath test depends on what type of test you refused. If you refused to take a portable breath screening test (PBST), which is a handheld device most commonly administered at the time of the stop, this is simply a traffic ticket for which you may be fined by [...]

Yes. The breath test administered at the side of the road is not a calibrated instrument and is only used to help establish probable cause for an officer to make an arrest. This breath test is called a “Portable Breath Screening Test” (PBST). If you refuse to take the PBST, you will be issued a [...]

At a department of motor vehicles refusal hearing a judge will hear testimony from the arresting officer regarding your arrest. You may also testify, although you are not required to. This is a decision you should make with your DWI Lawyer. At a refusal hearing, the judge must consider the following: Did the police have [...]

Yes. It is highly recommended that you retain a lawyer to represent you at a refusal hearing. Although this is an administrative hearing and not a criminal proceeding, the consequences on your license are significant. Additionally, this hearing is an early opportunity for a lawyer to cross examine the arresting officer about what happened in [...]

These tests, commonly called the standardized field sobriety tests (SFST’s), which include the walk and turn, the horizontal gaze nystagmus, and the one leg stand, are not required by law. While refusal of the PBST (roadside breath test) is a traffic infraction, and refusal of the breathalyzer test has various penalties as listed above, refusing [...]