Chemical Test Refusal Must Be Voluntary, Knowing Waiver
February 21, 2013

The decision by the Defendant to decline to submit to any further chemical test is not a valid waiver of the right to collect evidence unless it is voluntarily, knowingly, and intelligently made.

In the case of an additional chemical test, a “knowingly and intelligently” made decision requires the Defendant to have knowledge of the breath test result and its potential inaccuracies. To insure such knowledge it must be shown that the Defendant was properly advised of his Trombetta rights.

Absent a showing that Defendant’s decision to decline an additional chemical test was knowing and intelligent, the admission into evidence that the defendant declined to take an additional blood test, by necessity, would call for an explanation by the Defendant, thereby denying the Defendant of his/her right not to be compelled in a criminal case to be a witness against himself as guaranteed by the Fifth Amendment of the United States Constitution. (See Miranda v. Arizona (1966) 384 U.S. 436, 460) “The privilege [against self incrimination] is fulfilled only when the person is guaranteed the right to remain silent unless he chooses to speak in the unfettered exercise of her own will.”

Contact An Experienced DUI Attorney

If you were arrested for DUI and it was alleged that you refused to submit to a chemical test, you must immediately contact one of our experienced DUI attorneys from Wallin and Klarich. Wallin & Klarich has been helping individuals charged with a DUI for over 30 years. Wallin & Klarich has the experience to defend our clients and do all we can to prevent their driving privileges from being suspended. Please call us at 1 (877) 4-NO-JAIL. We will be there when you call.

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