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DUI defense strategy may change if Breathalyzer is refused

In Indiana and all other states, a motorist is free to refuse a Breathalyzer test upon request from a police officer. However, doing so may activate an automatic chain of events according to the laws in a particular state. As part of a thorough DUI defense, a motorist may want to seek immediate guidance before refusing the test so as to clarify the potential consequences of such an action.

An incident occurred in LaPorte County recently that began with what appears to have been a minor motor vehicle collision. A 27-year-old man says he had pulled off the road to make a turn when another car hit him from behind. The situation reportedly took a turn for the worse when an angry altercation broke out.

The man whose car was struck told authorities the driver of the other car chased him to the far side of his vehicle. He said the man was screaming profanities at him and he became concerned for his own safety. At that point, the man who had been in the front car allegedly began recording the situation on his cell phone as a means of protection.

The man who was supposedly enraged, allegedly made a lewd gesture, then fled the scene. Officers claim they were able to use the video captured on the other man's cell phone to locate the suspect. He was pulled over in a traffic stop a short time later and ultimately charged with drunk driving. Authorities say he refused a Breathalyzer test. Anyone facing a similar situation in Indiana will want to clarify what DUI defense options may be available with particular regard to how breath test refusal may affect an outcome.

Source: nwitimes.com, "Video leads police to drunken driver arrest", Annette Arnold, Accessed on Sept. 28, 2016

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Todd L. Sallee, Attorney at Law

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