Michael A. Ferraro, Esq., P.C.
Home ▶ DWI defense ▶ Failed to submit a breath test? Defend your license

Failed to submit a breath test? Defend your license

| Jun 10, 2020 | DWI defense |

When a police officer pulled you over, you weren’t sure what you’d done wrong. You were traveling under the speed limit and thought that you were driving safely.

The officer claimed that you had gone outside your lane a few times, which you didn’t agree with. Still, they decided to ask you to take a Breathalyzer test. You were insulted and said that you wouldn’t take it.

At the time, you didn’t realize that you’d lose your license for refusing. Fortunately, you do have the opportunity to fight that consequence by going to court and attending a civil hearing. There, you can argue that there was no reason for the test or claim that the stop was improper. You can also try several other kinds of defenses, depending on your situation.

Your attorney’s job is to ask you questions about what happened so that they can help you fight the accusations. For example, was there any probable cause to arrest you? Should the traffic stop have happened in the first place?

Was the officer open about the consequences if you refused the test? If he did tell you the possible consequences, did he give you a second opportunity to take the test as requested?

If you are risking losing your license because of a failure to submit a Breathalyzer test, it is important for you to get to know your rights and to prepare for the civil hearing. You should act quickly so that you can prepare for the hearing and meet all relevant guidelines. Our website has more on how you can work to protect your freedoms and fight to keep your license.