322) What’s a “Double Refusal” / Can I refuse FSTs and Breath? #HaberPA DUI Lawyer
Channel: Michael Haber
Date: 2019-05-20

Thanks for asking me “What’s a Double Refusal / Can I refuse FSTs and Breath?”

To prove DUI the State has establish 2 things beyond a reasonable doubt: 1) That you were in actual physical control of a motor vehicle and 2) that AT THAT TIME either you’re BAC was .08 or higher or that your were under the influence of alcohol or a controlled substance to the extent that your “normal faculties” were impaired.  

Most times actual physical control, or “APC” is not at issue, but the second element, were you intoxicated / impaired, that’s usually the only issue.  To prove this the State needs 1 of 2 things: Either A) Tangible evidence that you’re BAC was .08 or higher, which can only come from a breath, urine or blood test, or B) circumstantial proof that your were under the influence of alcohol or a controlled substance to the extent that your “normal faculties” were impaired.

If you blow .08 or higher, then you yourself will have armed the State with physical, scientific evidence that establishes a presumption of impairment.  You can cross examine or offer your own evidence in rebuttal, but if the jury buys the breath card then it’s game over.  If you refuse - absent the existence of other damning physical evidence like open containers or bag of weed or loose pills - then the State has to put on a circumstantial case, with no physical evidence, and relying entirely on the observations and conclusions of their witnesses (which are usually cops). 

Cops are always gonna laud the overwhelming odor of alcohol, your obvious bloodshot, watery eyes, slurred speech and why you were stopped, but without FSTs to rely upon the State’s case is significantly weaker than it is with them.  Why?  Because if you also refuse FSTs then the cops can’t drone on and on and on about your “inability to follow instructions” or “perform to standards”.  Every case is unique, & I’m not telling you what to do, but in the hands of a skilled defense lawyer “double refusals” make the State’s case exponentially more difficult to prove.  Thank you for your question, I appreciate your having asked it and I invite you to ask me more.  Remember, at #HaberPA it’s all about reasonable doubt!

At Michael A. Haber, PA "it's all about reasonable doubt"!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone:  305-381-8686
Toll Free Phone:  1-888-SHARK-8-1
Cellular Phone / Text:  305-798-2220
http://www.criminallaw.miami 
E-Mail:  Sharky910@aol.com / MAH@HaberPA.com
Facebook:  www.facebook.com/HaberPA
Twitter:  @Sharky910
Blog:  http://habercriminallaw.blogspot.com/

Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami DUI Lawyer Attorney Miami DUI Lawyer Attorney 
Miami DUI Lawyer Attorney Miami DUI Lawyer Attorney
Broward Criminal Lawyer Attorney Broward Criminal Lawyer
Broward Criminal Lawyer Attorney Broward Criminal Lawyer
Broward DUI Lawyer Attorney Broward DUI Lawyer Attorney 
Broward DUI Lawyer Attorney Broward DUI Lawyer Attorney
Palm Beach Criminal Lawyer Palm Beach Criminal Lawyer
Palm Beach Criminal Lawyer Palm Beach Criminal Lawyer
Palm Beach DUI Lawyer Palm Beach DUI Lawyer Attorney
Palm Beach DUI Lawyer Palm Beach DUI Lawyer Attorney
Ft Lauderdale Criminal Lawyer Ft Lauderdale Criminal Lawyer
Ft Lauderdale Criminal Lawyer Ft Lauderdale Criminal Lawyer
Ft Lauderdale DUI Lawyer Ft Lauderdale DUI Lawyer
Ft Lauderdale DUI Lawyer Ft Lauderdale DUI Lawyer