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Crime Criminal Offense

The Consequences Of Refusing To Participate In Field Sobriety Test

When a police officer asks you to pull over, he must have noticed that you were driving erratically and became suspicious that you were driving under the influence of alcohol or drugs. The officer will ask you to do a field sobriety test that includes walking in a straight line, balancing on one foot and following with your eyes an object that the officer moves from side to side. The officer will also ask you to take a chemical test.  

Can you refuse the field sobriety test?

Typically, you can refuse to participate in the field sobriety test because there are no penalties or legal consequences to the refusal. However, states have “implied consent” laws that request drivers who were legally arrested to submit to a chemical test if the police officer asks him to do so. If you unlawfully refuse testing, you can face license suspension which is typically longer than the suspension you would receive for a failed chemical test.

Many drivers attempt to refuse testing to avoid a DUI conviction because without any test results, the prosecutor has no evidence of what was exactly ingested before driving. However, the prosecutor has to inform the judge about the driver’s refusal to take the chemical test and argue that he is likely concealing intoxication.

In some instances, refusal to take the chemical test can be used as a legal strategy. While the refusal will generally lead to license suspension, it will be more be more difficult for the prosecutor to prove the DUI charges in court. However, refusal to take a chemical test will depend on many factors like state-specific laws and the driver’s level of impairment. It will take a lot of guts to refuse the chemical test. A good option will be to call an experienced DUI lawyer who can help you make the right call and will advise you of your rights.

If you are charged with DUI, the best thing you can do for yourself is to call Donich Law for proper advice. There are unfortunate consequences that cannot be avoided like license suspension but you will benefit from the best possible legal advice.

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Crime Criminal Offense Law Tips

What To Expect When You Are Charged With A Criminal Offense

If you have been charged with a criminal offense, it is very likely that you are wondering whether or not to hire a criminal lawyer. Every situation is different but there is always the same basic structure that is followed during court proceedings. Your best option is to call Donich Law that specializes in criminal defence law. A criminal lawyer will explain what will happen after you have been charged.

The court proceeding that occurs after your arrest is called arraignment. If you have not been arrested, you will receive a document called the summons where the date of arraignment is provided. During the arraignment, the presiding judge will set a bond, state the charges and ask whether you will enter a plea. Before deciding on how you want to plea, it is important to consult with a criminal lawyer.

The pre-trial conference involves the prosecutor who will discuss the case with you and your lawyer. A plea bargain may be proposed at this stage depending upon the circumstances of the case. The case can proceed to trial if no arrangement has been reached at this stage. Your lawyer will decide whether to file a motion to suppress or dismiss after the pre-trial conference with the prosecutor.

During the trial, the case will be tried by a judge or a jury. The jury is composed of persons called jurors who will convene to render an impartial verdict that will be officially submitted to the court. The actual penalty will be set by the judge.

For example, in the state of Connecticut, all misdemeanors and non-class A felonies will require 6 jurors. Cases involving capital offenses and crimes that could result to life imprisonment are tried with 12 jurors. Class A felonies only require a panel composed of 3 jurors.

It is difficult to navigate the criminal justice system on your own. Your best option is Donich Law that has a team of hard-working and dedicated lawyers who can provide excellent legal services and results. They can be trusted to defend complex criminal offenses and have discreetly settled matters to save time, stress and money.