CONTENTS
- 1. A Client Who Sought Out the Drunk Driving Law Firm
- - The Story Behind Refusing a Breathalyzer Test
- 2. Information Related to the Case Explained by the Drunk Driving Law Firm
- - Statutes Related to Refusal of a Breathalyzer Test
- - What Is the Punishment for Refusal of a Breathalyzer Test?
- 3. Three Forms of Assistance Provided by the Drunk Driving Law Firm
- - Drunk Driving Attorney's Argument | 1. Sincere Remorse
- - Drunk Driving Attorney's Argument | 2. Efforts to Prevent Reoffending
- - Drunk Driving Attorney's Argument | 3. The Client Is a First-Time Offender
- 4. Result of the Drunk Driving Law Firm's Assistance: “Fine”
- - If You Refused a Breathalyzer Test
1. A Client Who Sought Out the Drunk Driving Law Firm
The client of the drunk driving law firm was at risk of receiving an actual custodial sentence for refusing a breathalyzer test by the police, but, through the assistance of a law firm with extensive experience in drunk driving cases, concluded the case with a fine.
The Story Behind Refusing a Breathalyzer Test
The client of the drunk driving law firm had, on the day of the incident, finished a company dinner with a business contact and was preparing to head home.
Because it was late and no designated driver was available, the client, thinking it would be fine over such a short distance, ended up taking the wheel.
Police dispatched after a citizen's report requested a breath test, but fearing that the drinking would be discovered, the client refused it.
Facing the risk of criminal punishment, the client requested assistance from the drunk driving law firm in order to avoid an actual custodial sentence.
2. Information Related to the Case Explained by the Drunk Driving Law Firm
As with the client of the drunk driving law firm, refusing a police breathalyzer test despite the request may lead to punishment.
Statutes Related to Refusal of a Breathalyzer Test
Road Traffic Act Article 44 (Prohibition of Driving While Intoxicated)
In this case, the driver must comply with the police officer's measurement.
What Is the Punishment for Refusal of a Breathalyzer Test?
If a person refuses a police breathalyzer test without justifiable cause, the person is subject to the following punishment.
In addition, if a person who has been sentenced to a fine or more reoffends within 10 years, the person is subject to more severe punishment.
In addition, refusing a breathalyzer test can lead to an administrative disposition revoking the license, so if a police officer requests a breathalyzer test, you must comply with it.
3. Three Forms of Assistance Provided by the Drunk Driving Law Firm
The drunk driving law firm formed a task force with attorneys who have handled numerous drunk driving cases and established a strategy to assist the client.
The firm also closely reviewed whether there were any factors in the client's case that could allow for a reduction of sentence.
Drunk Driving Attorney's Argument | 1. Sincere Remorse
The client admitted all of their wrongdoing and participated faithfully in the police investigation.
The client also demonstrated a resolve not to repeat drunk driving, such as by preparing a written pledge to eradicate drunk driving and a written pledge regarding driving without a license.
On this basis, we emphasized that the client was sufficiently remorseful for their conduct and appealed for leniency for the client.
Drunk Driving Attorney's Argument | 2. Efforts to Prevent Reoffending
The client acknowledged his wrongdoing and completed an educational program for the prevention of repeat drunk driving in order not to reoffend.
He also sold his own vehicle, thereby eliminating any possibility of driving during the period when his license was revoked.
Through these actions by the client, it was emphasized that he was making efforts not to reoffend.
Drunk Driving Attorney's Argument | 3. The Client Is a First-Time Offender
The client was a first-time offender who had never been subject to any police investigation or punishment.
The client also customarily used a designated driver service, and tried to use one on the day of the incident as well, but could not because of the late hour.
It was emphasized that the client was a first-time offender who had led a diligent life.
4. Result of the Drunk Driving Law Firm's Assistance: “Fine”
As a result of the drunk driving law firm's appeal for leniency on behalf of the client, the court imposed a minor fine on the client.
The client expressed gratitude, stating that thanks to the drunk driving law firm he was able to avoid an actual custodial sentence.
If You Refused a Breathalyzer Test
This was the case of a client who was at risk of receiving an actual custodial sentence for refusal of a breathalyzer test, but who was able to defend the case down to a small fine through the assistance of a drunk driving law firm.
As shown here, refusing a breathalyzer test can result not only in severe criminal punishment but also in an administrative sanction of license revocation, so greater caution is required.
At Law Firm Daeryun, attorneys who have handled many drunk driving cases review the degree of fault promptly based on analysis of similar precedents, responding accurately and quickly to the client's case.
If, as in this client's situation, you are at risk of criminal punishment for refusing a breathalyzer test, you may seek the assistance of the drunk driving law firm through a 🔗legal consultation reservation.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
