Breathalyzer Test Defense

Delaware BAC Test Refusal Laws

breathalyzer test refusal

Like many other states, if you are stopped for a DUI in Delaware it is not against the law to refuse to take a breathalyzer test. However, the police may take your driver’s license and you risk an immediate suspension for refusing field sobriety testing. It is critical you risk an arrest and suspension of your driver’s license. Not only do you face serious criminal charges, the courts tend to see this in a harsher light and may come down harder on those facing a drunk driving offense. Protect yourself by hiring a Delaware DUI Defense Lawyer handling breathalyzer test defense cases. 

Whether a breathalyzer test refusal occurs or not, a DUI arrest can result in serious criminal charges. Trust your case to me, attorney Brian Chapman at the Law Office of Brian J. Chapman. My background as a former State of Delaware prosecutor provides me with insight on how the prosecution will approach your case. This information allows me to defend my clients in a DUI cases. Contact my Wilmington office to discuss your legal options today. You can also call us directly at 302-455-0505.

Mandatory Minimum Penalties For Breath Test Refusal

According to Delaware DUI laws you can refuse the breathalyzer test if pulled over and suspected of DUI. However there are legal and administrative consequences. They are:

(a) At the time a chemical test specimen is required, the person may be informed that if testing is refused, the person’s driver’s license and/or driving privilege shall be:

(1) Revoked for a period of at least 1 year if a violation of § 4177 is alleged; or

(2) Suspended for a period of at least 2 months if a violation of § 4177L is alleged.

The test(s) shall be administered by qualified personnel, as defined in § 2746 of this title, at the direction of the police officer who shall designate which of the tests shall be administered.

(b) If there are reasonable grounds to believe that there is impairment by a drug or drugs which are not readily subject to detection by a breath test, a blood and/or urine test may be required even after a breath test has been administered.

(c) The fact that the police officer offered or required a person to submit to a preliminary screening test of the person’s breath in order to estimate the alcohol concentration of the person’s blood, at the scene of the stop or other initial encounter between the officer and the person, shall have no bearing upon the implied consent provisions of this chapter. Refusal to take such a preliminary screening test shall not be deemed an implied consent violation nor shall the taking of such a test satisfy the requirements of the implied consent law.

Delaware Breathalyzer Testing

Delaware law has no requirement that a driver stopped on suspicion of DUI must submit to breathalyzer testing. Refusing a breathalyzer test is not an admission of guilt. The police need a legal reason to stop someone for DUI. As an experienced Wilmington, Delaware DUI lawyer I can take advantage of this to begin building a sound defense. In addition will verify that the officer is qualified to administer a breathalyzer test, and require them to provide evidence of their qualifications in court.

DUI/DWI/traffic offenses can result in losing your license, paying stiff fines, jail time and a criminal record. I am a knowledgeable criminal defense attorney who will do everything I can to protect your rights, even for refusing a breathalyzer test. I know the laws and court systems. You must act fast to save your driving privileges. Call my Newark DUI law office as soon as possible.

Contact my University of Delaware DUI law firm today to speak with me about your breathalyzer test refusal, DUI or other traffic violation offense. I can help you protect your rights and driving privileges when you refuse a breathalyzer test. I offer a free initial consultations and flexible appointment times to accommodate your schedule. Let me help you take control of your situation today.

We proudly serve all of Delaware including the Wilmington, Newark, Middletown, Smyrna, Dover, Milford, Seaford, Georgetown, Lewes and Rehoboth Beach areas.