Breath Test Refusal in Fort Wayne

Fort Wayne DUI Defense Attorney

The blood alcohol level that is identified in the results of an officer-administered breath test is most often the best evidence a prosecutor has in any OWI/DUI case. The science behind measuring a driver's BAC is proven to be accurate, and those results are difficult, if not impossible, to ignore in a court of law. While other indicators of drunk driving may expose diminished motor skills which can be used as evidence, chemical breath alcohol tests rely on science instead of statements made by suspects, witnesses or officers, and thus their results are crucial to a prosecutor, and can be a real problem to a defendant.

What is the Penalty For Refusing a Breath Test?

In Indiana, refusing a breath test upon request by a law enforcement officer is illegal and can result in severe consequences. If you are pulled over and refuse to take a breath test, your driver's license may be suspended for up to 1 year and 2 years if you have been previously convicted of an OWI or operating while intoxicated. In either event, failure to submit to a breath test will likely result in your arrest for OWI. This is a severe situation, as your license suspension and punishment for failure to take the test will not allow for a hardship license. You could also face hefty fines and even jail time, depending on the circumstances.

Under some circumstances, an experienced criminal defense attorney can negotiate a shorter period of license suspension or seek out other opportunities to defend you against this serious legal situation. It is important that you don't plead guilty to any criminal DUI or OWI charges without first allowing me to evaluate your case and determine what could be done to reduce the damage.

Defending Charges of Refusing the Breath Test

It can be very difficult to refuse a breath test and not be charged with OWI, and having a Fort Wayne criminal defense attorney at your side to represent your best interests is crucial. License suspensions can create problems in terms of work or family obligations, and many defendants are unable to maintain their lifestyle since their main mode of travel is eliminated. Gregory A. Miller has extensive experience defending those charged with OWI as a result of their refusal to submit to a breath alcohol test, and may be able to negotiate a lesser term of driver's license suspension. He is very familiar with drunk driving laws and defense of those who have been arrested for OWI/DUI-related crimes, and he will fight to see that your rights are protected.

Contact a Fort Wayne breath test refusal attorney if you have been arrested for OWI because of your refusal to submit to a breath alcohol test.