How Does Your Attorney Work to Suppress the Prosecutor’s Evidence?

Interviewer: What are some of the ways that you’ve gotten breath test results suppressed?

You Are Informed by the Arresting Officer That if You Refuse to Undergo a Breath Test, Your License Will Be Suspended

Court: For instance, what will occur on occasion is after the officer has arrested you, he or she will ask if you want to take a breath test and you can refuse to take a breath test, and if you do so, there are certain consequences regarding license suspensions that follow.

What happens is if you refuse the first time, the officer is required to read aloud an admonition that approximately reads, “If you refuse to take the breath test, then you will have your license suspended for 18 months.” Do you understand that, and do you still wish to refuse the breath test?”

Many Individuals Become Nervous during a DUI Investigation and Look to the Police for Advice as to How to Proceed

Sometimes people hear that statement and they understandably get nervous because they’re in the middle of a DUI procedure. Many people don’t realize, if they’ve never been arrested before that you end up talking to the officer for quite a while and a lot of times officers will be very polite and they’ll be respectful and they will gain your trust.

Advice Offered by an Officer Can Be Construed as Legal Advice and May Later Be Suppressed

That’s not a bad thing but then what happens is, say, you get nervous about something and you ask the police officer for advice. “What should I do, should I take the breath test?” At that point the officer might give you some sort of legal advice, and he or she is not supposed to do that.

In Order for the Results of the Breath Test to Be Used as Evidence, Your Consent for Undergoing the Test Must Be Completely Voluntary

If he or she gives you some sort of advice that coerces you into consenting to the test, then that means that your consent to take the test isn’t voluntary and you can get the results of the breath test suppressed. That’s happened before.

By Court Koehler

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