DUI in Elizabethtown: Should I Blow If Stopped for DUI?
Whether or not you should blow if a breath test is requested during or after a DUI stop is a common question. Unfortunately, it does not have a simple or straightforward answer. If you have been charged with a DUI in Elizabethtown and have a specific question about your stop you should consult with an experienced Elizabethtown DUI defense attorney.
When obtaining your Kentucky driver’s license and operating a vehicle on a public roadway you gave your implied consent to a chemical test typically a breath test. A breath test is a means of testing a motorist’s blood alcohol concentration, or BAC. Although you have given your implied consent you still have the right to refuse a chemical test; however, refusing a chemical test comes with a penalty. For a first refusal your license will be suspended for up to 120 days regardless of what happens with your DUI case. For example, the DUI charges can be entirely dismissed but you will still have a suspended license simply for refusing the breathalyzer. Because of this penalty, if you have only had a drink or two and find it very likely that your blood alcohol content will be less than the legal limit it is generally in your best interests to take the test. The legal limit for drivers ages 21 and older is 0.08 percent, for drivers younger than 21 years old the limit is 0.02 percent, and for commercial drivers the limit is 0.04 percent. You have the right to have a second chemical test done of your choosing and at your cost. It is often wise to opt for a blood test if you blow over the legal limit and believe that the test results are not accurate.
On the other hand, if you find it likely that your blood alcohol content is over the legal limit, you may want to consider refusing the breathalyzer as it may be in your best interest to do so. If, for instance, you were to blow and produce a BAC test result of over 0.15 percent it would be considered an aggravated offense and is punishable by mandatory jail time. Refusing a breathalyzer is considered an aggravator for second or subsequent offenses but not for the first. Therefore, it may be in your best interests to refuse the breathalyzer if you have had a lot to drink and do not have a history of DUIs.
The DUI laws in the State of Kentucky are complex and are best deciphered by an experienced DUI defense attorney. Therefore, if you have specific questions or concerns contact an attorney right away.