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If I Am Stopped for DUI, Should I Take The Breathalyzer?

In Northern Kentucky if you are stopped and arrested for a DUI, you will often be requested to submit to a breathalyzer.  The law in Kentucky is that a person has consented to a breathalyzer by driving on the roads.  Because of the law, if you refuse you are subject to loss of your driving privileges for 120 days.  Nevertheless, you do have the right to refuse to submit to a breathalyzer. The bigger question is how does the refusal affect the DUI.  The fact that you refuse can be used against you in a DUI trial.  Even so, it is often better to refuse than to submit and give the police the additional evidence which may secure a conviction.  If you have not consumed any alcohol, or had a very small amount, the general advice is to submit to the request for a breath sample.  If you have consumed very large amounts of alcohol, the general advice is to refuse the breathalyzer. The most difficult is to advise when you are between very small and very large amounts of consumption.  The blood alcohol percentage chart may be helpful in evaluating and estimating your blood alcohol level.  If your blood alcohol level is between .04 and .08, there is no presumption of your level of intoxication.  With a good attorney a conviction can often be avoided if the BAC is less than .08. If your blood alcohol level is over .08, you are presumed intoxicated and can be convicted of DUI without any other evidence.  If your blood alcohol is over .18 in Kentucky, or .17 in Ohio, you have a high tier test which will subject you to additional or mandatory jail time and possible extended loss of license. The easiest answer is to not drink and drive and then to submit to the breathalyzer if requested.  If you are charged with DUI, the best advice is to contact an attorney immediately.  You can contact Michael Bouldin at 859-584-6453 or mike@bouldinlawfirm.com.

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