Refusal of a Breathalyzer Test Assistance Case | A Suspended Sentence for a Client Who Refused a Breathalyzer Test

After finishing an ancestral rite, the client drank alcohol and then pulled his vehicle over onto the shoulder of the road and fell asleep.

Thereafter, police who had received a report of drunk driving arrived in front of the client's vehicle and attempted a breath alcohol test, but the client refused.

Although he was not a livelihood driver, driving a vehicle was essential for the client, so he was greatly worried about the possibility of an actual custodial sentence.

He therefore promptly requested help from Daeryun's criminal law attorney in order to obtain a reduction of sentence.

The key issue in this case was whether the client had a justifiable reason for refusing the police's lawful request for a breath alcohol test.

The fact that he had been asleep in the vehicle and that whether he had actually driven was unclear operated as issues, and presenting a persuasive argument on this point was an important factor.

The criminal law attorney therefore closely examined the specific facts through consultation with the client and, by gathering the sentencing factors suited to the situation, prepared a defense strategy.

The client has no particular criminal record within the past ten years, and on the occasion of this case has deeply reflected on his wrongdoing and even completed drunk driving prevention education.

On these grounds, the criminal attorney emphasized that the possibility of the client reoffending was very low and pleaded for leniency.

In addition, the attorney submitted the client's letter of reflection and the education completion materials as evidence so that the court could accept the client's sincere attitude.

At the time of the incident, the client had consumed a small amount of alcohol, and the distance driven after drinking was only about 200m.

The criminal defense attorney closely analyzed the on-site CCTV, the client's statement, and the surrounding circumstances, and established that the driving distance was short and the risk of an accident was low.

On this basis, the attorney emphasized the fact that no accident or dangerous situation had actually occurred, and appealed for leniency.

The client initially complied with the request for a breath test and blew once, but when the test result did not come out properly and the police requested a re-test, he became flustered and refused it.

The criminal defense attorney actively assisted in reducing the level of punishment by proving, on the basis of the client's situation and statements at the time and the on-site footage, that it was not an intentional refusal.

The case above is one in which a client facing police questioning on a charge of refusal of a breathalyzer test received the prompt assistance of a criminal attorney and obtained a suspended sentence.

A charge of refusal of a breathalyzer test carries very heavy punishment, as it involves not only the possibility of a sentence of imprisonment but also substantial disadvantages such as revocation of the driver's license.

Therefore, receiving the prompt response and assistance of a professional attorney in the early stages of the case is very important for minimizing the harm.

Accordingly, we quickly grasp the characteristics and issues of the case and provide a tailored strategy suited to the client's situation.

If you have been booked on a charge of refusal of a breathalyzer test, please request prompt assistance at any time through a legal consultation appointment with the law firm Daeryun.