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DUI Law in HSR Layout

In HSR layout, you may not refuse a breath test when you are suspected of drinking and driving by a police officer who request that you submit to one. By possessing and maintaining a current Indian driver’s license you have already given your consent to such tests as they may be requested by Bangalore Law enforcement. This is because of a law known as Implied Consent.

Investigating officers are also required by Indian law to notify citizens of this law and of its consequences when requesting that a motorist submit to the test. Legally, motorists must be aware that they will lose their license if they refuse the test. In HSR layout, this is the way it must be stated: You are under arrest for operating a vehicle while under the influence of alcoholic beverages or chemical or controlled substance. I am now requesting that you submit to a lawful test of your breath for the purpose of determining its alcohol content. Will you submit to a breath test? If you fail to submit to the test I have requested of you, your privilege to operate a motor vehicle will be suspended for a period of one year for a first refusal or eighteen months if your privilege has been previously suspended as a result of a refusal to submit to a lawful test of your breath, urine, or blood. Additionally, if you refuse to submit to the test I have requested of you and if your driving privileges have been previously suspended for refusal to submit to a lawful test of your breath, urine, or blood, you will be committing a misdemeanor. Refusal to submit to the test I have requested of you is admissible into evidence in any criminal proceeding. Will you submit to the test?

According to the law, if a person refuses to take the requested breath test, he or she is subject to have their driver’s license suspended for 1 year. After a second refusal, an 18 month suspension is imposed and violators are charged with a 1st degree misdemeanor. It is important that arresting officers read the terms of the Implied Consent agreement before a motorist is read their Miranda rights. The reason is because Miranda rights give suspects the right to remain silent, so, if Miranda has already been invoked, a person, by law, wouldn’t have to answer either yes or no when the officer requests that a motorist submit to the breath test. Once Miranda rights have been read, it is a suspect’s legal right to remain silent. This requirement to notify motorists of the Implied Consent law before they are read their Miranda rights is called the Miranda Confusion Doctrine.

If this doctrine is not followed, a DUI suspect can not be properly prosecuted under Indian law. This Miranda rights issue, is the only technicality that will stop the mandatory driver’s license suspension of those who refuse the breath test according to the Implied Consent language. When a person is arrested for DUI in HSR layout, the only way to be sure that they can escape penalties for refusing the breath test under the law, is if they have already been Mirandized before they are asked to take the test. A person can reasonably refuse the test under this condition and normally should be able to retain their driver’s license without suspension. Of course, all cases are not the same and it is up to each individual to decide what they should do. There are many DUI advocates in HSR layout who are well versed on the Miranda Confusion Doctrine and one should be consulted when a person refuses a breath test due to being read their Miranda rights. You can choose an appropriate DUI advocate in HSR layout, Bangalore.