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Should you take a breathalyzer if stopped for a South Dakota DUI?


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10/21/2011
Zimmer, Duncan & Cole
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Being pulled over for a South Dakota DUI and dealing with a police officer after you have had a few drinks is stressful. Answering questions, undergoing field sobriety tests, and being asked to take a breathalyzer test can all be challenging. If you are stopped by the police for DUI in South Dakota and the officer asks you to take a breathalyzer, would you know how to respond?

Due to the questionable accuracy of a breathalyzer test, including possible issues with the validity and administration of the test or even the person's body chemistry, the results of a breathalyzer cannot be used for evidentiary purposes in a criminal proceeding in South Dakota. However, the results can be used to bring a South Dakota DUI charge against a driver. Once a charge is brought, it is important to fight that charge with the assistance of a South Dakota DUI attorney, because a class 1 misdemeanor becomes a part of your permanent record. This can have significant repercussions for present and future employment. In addition, you can expect to face fines, imprisonment, and the loss of your driver's license. 

What Happens When You Refuse a Breathalyzer?

If you have been stopped for a South Dakota DUI and refuse to take the breathalyzer, you can expect the following:

  • A possible one-year license suspension;
  • The refusal to be admissible in a criminal proceeding.

If you have been pulled over for driving while intoxicated (DWI) in South Dakota, taking a breathalyzer test is an important decision. If you are facing a South Dakota DUI charge, contact an experienced criminal defense attorney at Zimmer, Duncan & Cole. Our attorneys have been representing clients with DUI charges and winning cases throughout South Dakota since 1948. Call our office toll free at (888) 733-2992, or complete the contact form on this page to speak with a South Dakota DUI lawyer today. 



Category: Criminal Defense


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