On Februrary 8, 2009, Republican 3rd congressional district candidate, Kevin Yoder, pled guilty to refusing to take a preliminary breath test in connection with a traffic stop in 2009. The prosecution claimed that Mr. Yoder was obstructing a DUI investigation when he refused the test.
However, Mr. Yoder was only pulled over for speeding and passed all field sobriety tests. After issuing him a ticket for refusal to take the breath test and speeding, Mr. Yoder was allowed to continue home.
The District Attorney also incorrectly suggested that Mr. Yoder’s refusal to take a preliminary breath test would result in a suspension of his driver’s license. Luckily, James Keller, deputy counsel for the Department of Revenue, came forward to correct the District Attorney’s misstatements. He clarified that while a refusal of the more accurate breath test at a police station could result in license suspension, a simple refusal of a preliminary breath test will not. Mr. Keller also explained that a refusal to take a preliminary breath test is not admissible evidence to show a person is driving under the influence.
At the close of this case, Mr. Yoder only pled guilty to a charge for refusal to submit to a preliminary breath test–the speeding infraction was dismissed. Mr. Yoder’s case drives home an important point: it is only a traffic infraction to refuse a preliminary breath test. You cannot be arrested for it, and will only have to pay a fine. The police officer will typically tell you that you do not have the right to consult a lawyer regarding the test, so it is important to know your rights beforehand.
If you have been charged with a DUI or related infraction, hire attorneys that have the knowledge and experience to successfully represent you. Contact Bell Folsom, P.A. as soon as possible so we can start helping you.