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What Happens If I Refuse the Breathalyzer?

In Northern Kentucky this is one of the most often asked questions.  By driving in Kentucky, a motorist is presumed to consent to a blood alcohol test.  This is most often a breathalyzer, but may also be a request for blood or urine. Many DUI defense attorneys advise their clients to always refuse a request for a blood alcohol test.  If you are intoxcated, this option generally gives a defendant the best chance to be found not guilty.  That said, it's not always the best decision. If you are not intoxicated or have not been drinking, I generally advise to consent to the test.  While I do not think the machines are foolproof (unlike most prosecutors), the breathalyzer will seldom give a very high result if you have not been drinking or only have 1-2 drinks. More importantly, if you refuse the test in Kentucky, you are subject to an automatic suspension of 120 days simply for the refusal,; regardless of whether you are convicted or acquitted.  This is more than a mere inconvenience for many clients. A refusal is also considered an "aggravator" for 2nd and multiple offenses.  This would subject an accused to twice themandatory minimum jail time for such an offense. If you have been charged with DUI or any other crim in Northern Kentucky, contact Michael Bouldin at 859-581-6453 or for more information, see my website at www.bouldinlawfirm.criminal-defense.

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