DWI/DUI Attorney in Washington, DC, District of Columbia

Is it a good idea to cooperate and take the breath test?

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It’s always a good idea to cooperate with law enforcement when you’re having an interaction with them. To be polite, but also to assert your constitutional rights. And there is no constitutional requirement that an individual take a breath test. Having said that, it’s always one of the toughest questions to get and to answer, and whether someone who is suspected of DUI or arrested for DUI, whether they should take the breath test. The consequences of not taking the breath test could involve a 12 month suspension to their license as opposed to just a 6 month suspension on their license if they do take the test.

However in the District of Columbia first offender DUI individuals oftentimes in the worst case scenario oftentimes get probation. If they blow in the breathalyzer and their score is above a .20 that can trigger what are called mandatory minimums, meaning if they get convicted and the judge thinks they’re Mother Teresa, the judge still has to send them to jail. We oftentimes say in most situations it doesn’t make sense to go ahead and give the police officers more evidence to use against you. It doesn’t make sense to give the police officers evidence that could end up leading you to a worst case scenario where you end up getting mandatory jail time, whereas you might have otherwise gotten probation.

 

Washington, DC criminal defense lawyer Joseph A. Scrofano shares the reasons to take and not to take a breath test. He explains that cooperating with law enforcement during an interaction is advisable while also asserting your constitutional rights politely. It is not mandatory to take a breath test as per the Constitution. However, deciding whether to take the test or not can be challenging, particularly for individuals suspected or arrested for DUI. Refusal to take the breath test may result in a 12-month license suspension, while taking the test may result in a 6-month suspension. In the District of Columbia, first-time DUI offenders typically receive probation as the worst-case scenario. However, blowing above a .20 on the breathalyzer test can trigger mandatory minimums, resulting in jail time, even if the judge believes the individual is innocent. It is generally not advisable to provide more evidence to the police against yourself, leading to a worse-case scenario with mandatory jail time instead of probation.

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