In order for there to be a DUI case against you, there must be some kind of evidence to support the fact that you were driving while intoxicated. This evidence will usually include a physical observation by the police officer that arrested you, a field sobriety test, and a blood or breath test. It is not, however, uncommon for someone to refuse to take the tests to prove they are intoxicated as it is their right to do so. This can be helpful to a case in some situations because it deprives the prosecutor of any scientific evidence that you were under the influence of drugs or alcohol. In fact, proving that you have alcohol in your blood stream is really the only way for a prosecutor to prove you were intoxicated.
Most of the time, the prosecutor is going to enter the fact that you refused to take the test as evidence in substitution of actual test results. The DUI Attorney in Mount Vernon, WA that you hire should do what they can to object this information being used as evidence. If the attorney can get this evidence tossed out or suppressed, the entire case falls apart. The only reason that the DUI Attorney in Mount Vernon, WA that you hire would not be able to get the evidence suppresses is if the prosecutor is able to prove to the jury and/or judge that you declining the test should be viewed as an admission of guilt. The argument is that if you were actually sober at the time you would have had no reason for not just taking the test to prove it. Visit them online!
The lawyer you acquire from a law firm such as Howson Law Office can argue that it is your right to refuse to have those tests taken regardless of if you were intoxicated or not. Then, they are going to argue that the only real evidence they have is the fact that a police officer says you acted like you were intoxicated when you were driving. If your lawyer is able to get the fact that you declined the tests thrown out, it is possible for the case to get dismissed because the prosecutor does not have enough evidence.
