In your typical DUI case an Officer immediately after arresting you will request a sample of your breath or blood to determine if your blood alcohol content is over the legal limit of 0.08.
Many persons charged will at first refuse the State’s breath but later either on their own decision or at the request of the officer rescind their refusal and “consent” to the Officer’s search of your breath.
In cases where you feel the officer badgered or convinced you unfairly to change your mind and you submitted to the breath or blood test it is important to know the standard the Judge will be reviewing your case by in court. The judge will evaluate whether the officer’s procedure utilized by the officer in attempting to persuade you to rescind your refusal was fair and reasonable.
Your trial judge alone will decide if what transpired between you and the officer was fair and reasonable. If the Officer made claims that were untrue or promises that you could go home if you cooperated you should alert your attorney as soon as possible.
Think of your implied consent rescission this way, was the interaction between you and the Officer completely fair and you truly wanted to take the test or did the arresting officer play on your emotions to get you to make a decision different than you wanted.
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