Refusing the Field Sobriety Test in Delaware DUI Lawyer

It can be difficult to convict a motorist of DUI (drunk driving) when the prosecution lacks incriminating evidence of impairment. Since most evidence gained in a DUI comes directly from what is volunteered by the motorist himself, remember that. Naturally, there are consequences for every course of action, so understand the disadvantages and advantages before making a final decision.

Lawyers feel that the denial of all testing, whether it be field sobriety, PBT and chemical, will often offer the best advantage at a DUI trial, so the defendant has can avoid many of the severe penalties such as a criminal conviction, fines, probation, etc.

On the other hand, refusal of the Intoxilyzer test in Delaware can result in a lengthier time of suspension in Delaware, and merely because the prosecutor does not have a chemical sample does not mean he will drop the prosecution in the court room.

The point is that there are many factors for the motorist to consider. Remember, the law in Delaware even permits the prosecutor to take you to trial EVEN IF YOUR BAC IS BELOW THE LEGAL LIMIT OF .08%, under the theory that you are otherwise impaired.

If you refused to take a field sobriety test or breath or blood alcohol test in Delaware, you may be facing serious consequences. You may also have a good chance to beat the DUI charge. An experienced DUI defense attorney can advise you of your rights and legal options.

Call my office in Wilmington today at 302-622-9500 today for a free consultation.

Kevin P. O'Neill, Attorney at Law • Wilmington, Delaware • Contact Me