The simple answer: You can refuse to take a breathalyzer test.
It's the most wonderful time of the year, unless you're on your way home from celebrating and have to stop at a police checkpoint. Whether you've been drinking or not, you may be nervous about what to expect and what you're required to do. Extra sobriety checkpoints are often used around major holidays, so here are some tips that should help you if you encounter one.
HZW Senior Associate Dave Weyrens recently OUI handled an OUI case when his Client's career was dependent upon maintaining a clean driving record. Attorney Weyrens was able to achieve a deferred disposition for the client, with a dismissal of all charges as the end result. This will allow the Client to keep his job and clean driving record.
This month, HZW Senior Assoicate Dave Weyrens won a contested BMV hearing when the police officer could not establish that the the Standardized Field Fobriety testing that were performed did not establish probable cause for an arrest. At the conclusion of the hearing, the hearing officer agreed that the officer's testimony did not establish probable cause and the license suspension was rescinded.