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Breath Test Refusal Information

DWIs in Vermont
Burlington DWI lawyers want you to know that driving while intoxicated from alcohol use, illegal drugs, or prescription drugs that impair your driving drive is illegal in all states.  When a police officer suspects you of driving while intoxicated, you will be pulled over and asked to take a series of tests.  It is important to know your rights when asked to take DWI tests since the administration and results can be the difference between a dismissal and a conviction.
How does a police officer know if you are driving while intoxicated?
Well when they see you swerving all over the street, that’s usually a pretty good indicator.  On a serious note, any erratic or aggressive driving is cause for alarm.  The police officer can ask you to stop and step out of the vehicle if you are driving irresponsibly.  Even if he or she smells alcohol on your breath, or sees an opened contained in your vehicle, keep calm and do not admit guilt.  You can provide your name, driver’s license, insurance card, and vehicle registration, but any other questions can go unanswered until you have an attorney present.
Tests for DWI
A field sobriety test and breath test are used by police officers to judge if you have been drinking.  A field sobriety test is administered by the police officer at the scene.  He or she will ask you to perform small physical and cognitive activities.  However, a field sobriety test does not provide a good indication of intoxication.  A subjective police officer, rainy condition, busy road, or other distraction may hamper the result of a field sobriety test.  It is not mandatory to take a field sobriety test.
Blood Alcohol Content (BAC)
BAC is the amount of alcohol that is concentrated in your blood.  BAC can be determined by a breath test, blood, or urine test.  You can be arrested for DWI if the concentration of alcohol in your blood is:
• .08 or higher in drivers over the age of 21;
• .04 or higher in commercial drivers; and
• .02 or higher in drivers 21 years old or younger.
Vermont has an implied consent law which you agreed to when you received your driver’s license.  It means that if a police officer suspects you of DWI, you will submit to a blood, urine, or breath test.  Failure to do so will cause your driver’s license to be suspended for at least six months.  Additional refusals will cause the suspension to drastically increase.  There are many ways that DWI tests can be administered or evaluated incorrectly.  An experienced DWI attorney will make sure every action by the police was conducted lawfully.  The way the laws in Vermont will affect your specific situation may vary.  That’s why it’s always a great idea to reach out to an experienced Vermont DWI lawyer.  Enjoy your 4th of July weekend and drink safely!
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