Refusal to Submit to an Alcohol Test Can Result in an Acquittal of DUI or DWI
Here are some highly effective ways to get a DUI refusal offense dismissed:
- Review the arrest information: If the arresting police officers don’t follow the test standards, the breath test refusal charge could be invalidated.
- Show the officer checked the wrong box: One technicality to beat a DUI refusal is to show that the officer checked the wrong box on the DMV form or wrote things down incorrectly in the police report.
- Show the officer didn’t inform you of the consequences: A good defense attorney can argue that the officer didn’t inform you of the consequences of a refusal.
- Show you didn’t refuse the test: You can show that you didn’t refuse to provide a chemical test of breath or blood after being arrested.
- Appeal the conviction: If your DUI case was dismissed, you can appeal the conviction to Circuit Court. You can fight the charge or try to negotiate a legal fiction with the local prosecutor.
You can also ultilize a criminal defense lawyer in the area to review the specific regulations on local DUI testing.
U.S. Code 14 CFR 61.16 requires police to have reasonable cause to request a driver take a blood, breath, or urine test for suspected DUI or DWI offense of alcohol or drugs.
There are many police arrest procedure problems and officer mistake defenses which can get a BAC test refusal offense invalidated and the DUI refusal oharge thrown out.
DUI Refusal Dismissed: Beating the Breathalyzer and Saving Your License
Fighting a test refusal charge can feel like a dead end. You refused the breathalyzer, and now the consequences loom large: license suspension, hefty fines, and even jail time.
But before you throw in the towel, getting a recent DUI refusal charge dismissed is not impossible, and understanding your ideal options is key for the highest odds of success.
With firsthand lawyers insight as a seasoned DUI attorney specialists with FightDUICharges, our local Board Certified lawyers have resolved even the toughest cases where refusal charges were tossed.
Every person’s own arrest details will vary in what happened. However, by delving into the legal nuances and understanding your rights during a free arrest review, you can build a strong defense and fight for having the refusing to blow charges dropped or thrown out in court.
Top Test Refusal Defenses and Your Path to Dismissal
- Unlawful Stop or Arrest: The foundation of any strong defense lies in questioning the officer’s actions. Did they have probable cause to pull you over? Was the arrest procedure followed correctly? If any aspect of the stop or arrest was faulty, the entire case can be undermined.
- Improper BAC Test Administration: Even if the stop was lawful, the breathalyzer test itself must be administered flawlessly. Were you properly informed of your rights of refusing to blow? Was the machine calibrated correctly? Was the officer trained and certified? Any misstep in the process can raise red flags and lead to suppression of the test results.
- Medical Conditions or Medications: Certain medical conditions, medications, or even recent mouth surgeries can skew breathalyzer readings. Presenting verifiable medical documentation can cast doubt on the test’s accuracy and give your case merit.
- Technical Malfunction: Breathalyzers are not infallible. Equipment failure, software glitches, or even environmental factors can affect the results. Investigating the specific device used and its maintenance history can reveal potential technical flaws.
Case Scenario: Breathalyzer Blackout
Our client, Jason, a diabetic, was pulled over after swerving slightly on the road. Despite having no alcohol odor or slurred speech, he politely refused the breathalyzer due to concerns about his fluctuating blood sugar levels.
His lawyer argued that Jason’s medical condition could have skewed the test, and further investigation revealed the breathalyzer hadn’t been properly calibrated. The judge, convinced of the potential for inaccuracy, dismissed the refusal offense charge. Jason kept his license and avoided a DUI conviction.
Remember, every case is different and what worked for Jason might not apply to your situation. Consulting with an experienced DUI lawyer is crucial.
They can assess the specifics of your case for free with an arrest review, identify potential weaknesses in the prosecution’s argument, and build a compelling defense strategy to maximize your chances of getting your refusal charge dismissed.
Very helpful website. I was charged with an DUI in a parking lot in Tampa, Florida. I was parked and not driving. I was trying to get a ride home and misplaced my glasses so couldn’t see very well. I did have few drinks that night and believe my drink was spiked.
Police Officer came knocked on my window and told me to get out and did sobriety test which I did horrible on due to not having my eyeglasses which he didn’t ask if I had or not. They bought the breath test and I refused. Officer said you will lose your license if you don’t it and I still refused. I got arrested on first offense DUI and lost my license. I got release from jail in 48 hours. I did get the hardship license and going to challenge it with DMV.
Looking at all this do I have a chance to either reduce or dismiss the DUI or will be convicted. I can’t sleep, eat, or think without having some guidance on this. Your website has been helpful and look forward to hearing from you all.
I’m glad you’ve found our website helpful, and I’m truly sorry to hear about the difficult situation you’re facing with the DUI charge in Tampa, Florida. It sounds like you are doing all the right things so far.
In some cases, factors such as not being in physical control of the vehicle, the accuracy of field sobriety tests, and the circumstances of your arrest could provide grounds for challenging the DUI charge. However, only a reputable DUI attorney can assess the specifics of your case and provide you with accurate advice on the likelihood of a dismissal or reduction of charges. Did you already submit for a Free DUI Review on our site?
Yes you have a good chance at getting the DUI dismissed. With your car being parked, you can say you weren’t driving for hours. The issue with your glasses needs to be brought up by your DUI lawyer. Your license suspension can be challenged at the Florida Administrative Hearing.
The police were called for a so called retail theft. Me and my fiance allowed them to search the car and us because we didn’t steal. No stolen property was found and all of the police and the chief were in the parking lot. It was embarrassing and instead of letting us drive away, they had arrested him for terrorist threats and he didn’t threaten anybody.
I was very scared and intimidated but I wasn’t under the influence of anything. No DUI field sobriety tests were performed and then the police cuffed me and placed me in the squad car. My regular drivers license was valid. I had 2 DUIs over ten years ago. I had been on the interlock license from June 2021 and it was for 1 year from the DL restoration.
I’m on disability for mental health such as PTSD and back problems and I have panic attacks. They didn’t do any field sobriety tests and they claimed they asked for a DUI blood draw. However, for my second DUI offense I wasn’t under the influence and I gave blood because I thought that since I wasn’t under the influence I wouldn’t get a DUI charge. The police arrested me for a 2nd DUI anyway because I smoked marijuana a few days prior to the incident.
I wasn’t charged with a refusal offense but the county court suspended my drivers license for 18 months for this. I was in a complete state of panic when I was handcuffed. I was parked in a parking space and the police refused to let me contact my father to get my car which wasn’t parked illegal or anything.
I am told I am going to have to get the stupid interlock device again and I get SSI and can’t afford it. In Pennsylvania there isn’t any local agencies I can find to fund the low income. Public transportation sucks and I won’t leave the house if I don’t have a vehicle. I was a delivery driver and this most recent second offense DUI isn’t right or fair since no field sobriety tests were performed or offered.
I feel targeted by the police department because of my poverty situation. I don’t want to be forced to do anything that I don’t want to do such as go to drug and alcohol classes especially if I cant drive because it’s a big inconvenience.
I wasn’t driving under the influence of drugs or alcohol, and will never take a blood test again ever since I got charged with a DUI because I smoked weed a few days prior to the first DUI incident in 2012. I feel targeted by local cops and like my 4th amendment rights have been violated. I have been extremely stressed out since the DUI and I am thinking about moving to Georgia and starting over.
I have a bad driving record because of lying rookie cops in my area and I really want to sue for the wrongful DUI arrest charges. I know the county court is going to try and convince me to plead guilty and I don’t want this on my record. I can’t do probation or jail time sine I had a horrible PO before and it’s too much to have to take a bus to all these DUI classes in my area. I don’t want to take DUI school for this 2nd DUI charge because didn’t do this crime and no field sobriety tests were performed or offered. Just a DUI blood test the police wanted because of assuming that I did drugs which I don’t ever do before I get behind a wheel. I always drive sober, but what I do in my leisure time is my business.
I feel like my legal rights are being violated and that the county court is trying to trap me in Pennsylvania where they are going to try and get me kicked off of SSI again, just to make money off of me with the usual expensive DUI drug and alcohol treatment hours. How do you get charged for driving without interlock when most townships let me go when I was pulled over after the year ended?
I have a drivers license restoration requirements letter from August because I was suspended for a few months, after getting behind on a payment plan for fines and there was nothing on the letter about an interlock machine that year ended in June. I got pulled over in September and October, but other townships that have pulled me over and let me drive away. Will I be able to legally drive in another state after I get married?
I’m taking this most recent 2nd DUI to a jury trial if the charges are not dropped to a summary. My official pending charges are DUI second offense, driving without interlock, public drunkenness, and refusal charge. However, I didn’t outright refuse the DUI tests since I was not capable of refusing in the state of panic I was in.
I tried to appeal the DUI license suspension with the state DMV and the county court wouldn’t let me because I don’t have money for a good local DUI defense attorney. This second DUI experience is traumatic for me. I am still traumatized from the prior DUI experience, and don’t know how do the local police and country court can get away with doing this to people with false DUI arrest charges/
I had the officer drop the jupitor breathalyzer on a dirt road I was on. The Juptitor dropped off the ground and he proceeded to test me. He made me blow on the unit but could not get a reading.
Did he still give you a DUI? Was there a field sobriety test done? Remember that roadside tests are not mandatory and can be challenged for accuracy.
I was already in my driveway with the car in park when a police car pulled in behind me (into my driveway) and said I was driving erratic. The officer asked for my information and I gave it to him, he came back and said “when’s the last time you’ve done methamphetamine?” I said, excuse me???
He said “don’t you remember me? I took your statement some years back when you’re meth head friend beat you up.” So I was the victim in a domestic abuse case and now I’m being labeled? He asked me to do field sobriety test which I did 5 of! Then he cuffed me and asked for blood test. I refused, I was never Mirandized nor did I sign any paperwork saying I’d refused the blood test.
I was bonded out the next morning around 6 am and as soon as I get home, THE SAME OFFICER PULLS INTO MY DRIVEWAY asking me to sign the refusal paperwork. I was so irritated that I just signed them so he would leave. The paperwork says I signed at the jail on the 15th but I actually signed on the 16th in my driveway. Can this paperwork be thrown out?
Did your case get dropped? How are did you fight this case?
I need legal help from a DUI refusal lawyer to know what technical flaws should you look for on an als ticket on a refusal to blow charge.
My court date is coming up, and definitely want to fight this not blowing offense which was a wrongful charge in the first place by local police who used a malfunctioning breath tester device that could not get a valid blood alcohol reading even after multiple blows.
I got pulled over on my birthday for DUI and refuse the breath analyzer that the officer got a court order for to draw blood. I have hired an attorney and this refusal charge recently happened so I don’t know the outcome. In your opinion what are my chances of having this case dropped.
I was traveling at 80 mph in Texas at 3 a.m. The road was pitch black and winds and turns due to construction. I came around a bend…and I was in the middle lane. And there was a car in park in my lane with No lights on. I never saw them. And Blam…hit them at 80 and pushed them 150 feet from a dead stop.
My Jeep wrangler drove thru their trunk..and through the back seat and pinned the passenger between my grill and there dash. The passenger was dead. I had never seen a dead body like that eyes wide open a d purple.
I pulled him out of the car and did C.P.R. until the helicopter landed only 10 minutes after. The driver of the other car climbed out the windshield of his car. And stayed 100 feet away while I did c.p.r.
The driver was a Mexican border jumper Here illegal..! No papers…no license,,no insurance and no registration. I was there for hours and everyone said don’t worry its not my fault.
Then there was that one cop..! The tough guy. Ordered me to do a sobriety test. When I closed my eyes…I fell down. (But I was just In a horrible crash.)
I blew the machine…and my Alcohol level Was .02..!! The law was .08 So I was legal…no issues! My attorney said dont worry you’re legal…Your fine.
I went to court..and the prosecution said…He was .02 (not illegal)But he threw a pic of the dead guy on the juries lap (Not my fault) he said.
Then again threw the pic of the dead guy on the juries lap. Not my fault …but…is all he kept doing.
Ultimately they actually gave me a d.w.i (Because they felt bad about the dead guy.) Then the illegal immigrant sued me.!!
W.T.F..! MY Attorney says….its it 100 % my fault..? No.! Is it maybe 1% my fault (I hit them)
Yes..! And whats that 1% worth.?
They maxed my insurance policy $350,000 He got. Then sued me personally.! W.T.F.!!??? I had to file bankruptcy and name the immigrants in the B.K. SO that they wouldn’t get my house and cars and money. If it were reversed…I’d be in a hole somewhere in Mexico.
After court the judge asked me to stay after court. And after everyone left. The judged apologized to me and said he was sorry and that I got railroaded.
Can you believe that crap…
W.T.F…!!!
You should never tell the police any info other than your name and address. Do not answer any questions because everything you say before arrest will be used against you. If you keep your mouth shut before and after arrest, you will be in way better position later on. I never get why people answer questions when pulled over. Never never answer questions.
I did that and now I’m facing a felony because I can’t afford a lawyer.
I live in California. I fell asleep at the wheel at 1 a.m. and crashed into the center divide. The police administrated a field sobriety test, which I passed and a breathalyzer test at the scene, which I also passed. Then, at the hospital, the police wanted to administer a chemical test, which I refused. They gave me a pink paper and told me my license would be suspended for 1 year. Can I fight this? I fell asleep, not under the influence.
You need to call a DUI attorney ASAP. Hopefully you did before your hearing and you retained one. It might be tossed out if your atty argues there was no basis for arrest but up to court.
I was arrested for a dui on Friday night. I refused the breath test (was charged with refusal to blow offense) because I thought I could do the blood test later. I was not aware that my license would be suspended for a year if I didn’t do the breath or blow test.
I definitely need to fight the refusal to blow charge and keep my license. It was an unfair dui arrest in the first place, compounded with serious mistakes by the arresting police officer that did not inform me of my Miranda Rights or what would happen with my license getting automatically suspended if I refuse to blow for the breath test. This entire refusal case should absolutely be dismissed.
I was pulled over for a traffic violation gave the officer my license & vehicle info. When the officer came back she asked me to turn off my vehicle and step out. I asked why, and she said I was slurring my speech & my eyes were red.
Then I was asked by a different officer to perform the D.U.I. field test. I had not been drinking (nor do I even drink at all) or high. I knew I was capable of doing these test. I ended up failing supposedly. I was then asked to do the mobile breathalyzer test which I passed. I guess that wasn’t good enough so they asked for a blood test which I refused bc I feel that’s invading my rights taking blood.
I was taken to jail for refusing the blood test. None of the officers present read my Miranda rights, and they were never read at all. I just found out they have documented I refused the second breathalyzer in jail, which is not true. I was not even offered another breathalyzer in jail. Why would I refuse that one if I took the first test after being pulled over?
I lost my license for a year and because the police officers lied that signed off that I refused the breathalyzer in jail, the consequences resulted in 2 yrs of getting a vehicle ignition interlock system in my car. I took my case to trial and lost, being found guilty. They have no physical evidence. My lawyer said not to ever take the D.U.I. field test, I told him I thought I had to. My attorney said it’s your right to refuse they can’t make you do anything. I was obviously unaware of that, and I was trying to cooperate bc I knew I wasn’t drunk or high, and wanted to actually prove them wrong.
My lawyer question both officers asking the first officer who pulled me over & initiated the whole D.U.I., who were implying that my eyes were red & I was slurring my speech, she answered yes. The second officer questioned was also asked the same thing, and she answered NO her eyes weren’t red & didn’t see any signs of impairment or under influence in my eyes to suspect probable cause for the D.U.I. Also she stated my speech was not slurred I was actually talkative.
The video presented of the field test that I supposedly failed was bc I had an attitude and was frustrated I had to do them. I don’t know why I didn’t beat my case or it get dismissed. Like I said, they don’t have any evidence as my lawyer even told me. I’m appealing my case and going to a second trial. Please help if you know of anything that could help me in this case comment & let me know.
You need to keep appealing and get a jury trial. Get a new atty. One who will fight this for you to dismissal.
Never came face to face with judge after arrest for bail and then was forced by bail bondsman to pay my bond IN FULL with two signers and escrow. Paid $5,000 for second legal team who are almost refusing to offer any defense or counter offer.
First and only experience with the law. I was also a possible victim of spiked drink and assault leading up to my DUI arrest. The male I was with, the cops never even asked his name and he was allowed to leave the scene with no assessment after telling police he did not know me or was not with me.
Greetings~ I was pulled over at a sobriety check point on St. Patrick’s Day driving my intoxicated boyfriend home. The officer asked if I had medical conditions that would affect my ability to do the field sobriety tests and I explained I have neuropathy in both feet and hypoglycemia. I became upset during the testing because I also have anxiety issues. I refused to finish the test bc I feel they try and get you to do it wrong. As in I was wearing heavy winter boots and being asked to raise my foot 9 inches off the ground twice. I won the DMV hearing representing myself- but I still have the refusal pending. I want an acquittal. This is the most comprehensive article I’ve found on the internet. Any advice appreciated.
Good for you!!!! I am too late to represent myself at a BMV hearing or even hire a lawyer. I could have possible done better representing myself here in the state of Indiana because of such a worthless non-fighting “public defender” named Warren Good.
I took the chemical test, was released on ROR. three days later I recieved a letter stating that my license was being suspended due to REFUSAL OF CHEMICAL TEST… I went to court recently and was found not guilty. all charges was dropped but my license is still suspended… what can I do?
Well, you weren’t found ‘not guilty,’ your charges were just dropped for whatever reason. What they did was imply an administrative rule upon stated in your agreement when you signed for your drivers license and there is nothing you can do. In it you will read that any test which proves you were above the legal limit will automatically result in the DMV suspending your license regardless of the outcome of your DWI case.
It is precisely for cases such as yours why that administrative provision exists. DWI cases are dropped all the time because of the many complexities involving such an arrest. Bottom line: had you not blown you would have a suspended license right now.
HOWEVER, it could also be that the State just chose not to fight your case and decided to put their time and resources elsewhere. They saw that your license was suspended anyway and was fine with letting that be your punishment. You don’t want to fight this. You risk the State opening back up the case, pulling the chemical test and pursuing charges.
Be grateful you don’t have a DWI on your record and take the bus for a year and move on with your life. For someone who’s driving record is their livelihood, one DWI could forever ruin their career. Your story for a truck driver is a god send. They can survive a suspension. Though they would probably lose their current job, they can still work when they get their license back in 6 mos – a year since they have no DWI on their record. So just like the article explains, legally, it is a complicated issue.
Hi, in May 2019 I was pulled over for doing a rolling stop. Supposedly when the officer came over to talk to me he said my car reeked of marijuana, which I did I had a weed pipe in there. Then he asked me to step out the vehicle and asked me if I had been drinking, which I had. h
He says how much? I say a couple of beers. When I said a couple hours ago so, then he says I am going to do a field sobriety test on you, do you consent? I said sure, so I passed it over and over no problems.
So then he’s like well is it OK if I do the breathalyzer on you? So I said sure because I know I’m not drunk. So then he asked me to blow over and over and over.
Then I guess he still wasn’t convinced, so he asked me to do a blood test. By then I am just totally frustrated. I’m standing outside in the cold wind and rain for 30 minutes. He then takes me to the hospital and that’s when I just lose it, and tell him that I feel like this is just ridiculous and I feel like my civil rights are being violated.
So all the while the officer is like well I’m still going to get the blood from you. I guess he got a faxed a warrant from a judge. So now my license is suspended for a year because I refused, but all the while I felt like I was being incriminated.
I got the letter sent to me, and I received some legal advice from a friend of mine Which he said that to not appeal it or anything. But I guess that turned out to be bad advice, and now my job is going to fire me because I am required to have a License to work. I hope you can please help me out, thanks.
Ok here I go this is a long and complicated. On July 30 I was in a accident no other people were involved. I was injured with a face head Laceration, which led to one surgery already. Recently and in a couple months will have to have another surgery. Also took about 35 stitches to my arm busted out a tooth and fractured ribs and injured back.
I was taken to the hospital and while they were pulling glass out of my eye and stitching my arm, up the police officer said he wanted me to do a sobriety test. I asked how he expected me to do that right now, and said soon as they’re done he could take blood due to blood in my mouth and eyes. They half patched me up, doctor came said he was taking blood for alcohol test. Then they brought me to jail i bailed out.
I was put in a mental institution on a 51/50 for 5 or 6 days, and only released because of medical injuries. I was then put in a intensive treatment for my mental health problems for 2 weeks outpatient everyday. Now this is all info I have gathered and memory that has come back.
A few days prior to my DUI I had back surgery and was suddenly dropped from a methadone clinic, and during my detox I blacked out went into some kinda of temporary mental insanity. This is what I was told by Kaiser psychiatrist due to the fact that I have very little memory of 2 weeks surrounding the DUI. Days before in weeks after my memory is coming back slowly. I have been put on pysch meds and struggling with memory depression and mental health issues.
So I went to the DMV 10 days after accident, they had no record and told me come back in a month. When I did, they informed me the officer said i refused and suspended my dl for a year. I didn’t refuse and I had serious head trauma and had some mental health problems due to coming off methadone suddenly. Can you reverse this?
Back in May of 2018 I got pulled over for going over 10 miles over the speed limits . I was given a sobriety test and past. I told the officer that i hadn’t been drinking I had just gotten off work. The officer asked me to take breathlizer test, I refuse to take the test and I was taken in and booked on dui Charges and speeding. I got a lawyer and went to court and for lack of evidence the threw the charges of dui and speeding out and no court charges , but I still have to go back to court which is not til March of 2019. But found out that the charge of dui is on my record that was thrown out and that license has been suspended. How can this happen? What advice can you give me.
I had a fender bender accident while driving while suspended. We had raced the night before got home my son called and been taken to the hospital so i borrowed roommate car and had an accident, but i refused the test. Can they convict me of dui with no proof?
I was cited with a DUI last thursday. It was around 7:35pm. I was driving “too slow”, granted, I had just turned at a light to make a U-Turn and had not caught up with the speed of traffic yet. They asked where I was going and coming from – I complied and told them I had come from Atlanta from picking up my boyfriend at the airport and was going home to Florida, passing through Alabama on my way home. I had a few beer at dinner which was a couple hours prior. I passed the field sobriety test, which notably irritated the officer, but blew .12 (Alabama). When I was arrested, I was not read my rights. At the station, I was informed that the field breath test was not admissible in court, but the diagnostic breathalyzer test in the station house was. I refused to blow when asked right then – which was about 25 minutes after the arrest – 8pmish ( until I felt I would blow under the legal limit). The next morning (6am), I was asked to blow again, and I blew 0.00. I was released and able to get my car out of impound. They did not take my license, I reside in Florida and have a Florida license; and am not sure why, how, or what will happen now. I do know I have to keep my license as I have to take my two kids to school and back every day which is 20 minutes away (I live in a rural area with no public transportation) and would prefer to get this case dismissed. Help please!
You should be able to beat this. We have the entire state of Mississippi covered with defense attorneys that will help.
What about when you never drive, but were simply sleeping in your vehicle?
I was pulled over for passing on the left this past Saturday. The officer asked how many drinks I had that night and I told him I had 2. I was not drunk but had trouble with the feild sobriety test and as soon as I felt like I was messing up the test i became scared and said I’m not doing this and they immediately arrested me. I also refused the breathalyzer. I messed up so bad because I’m positive I would have passed the breathalyzer.
Edward, a lot of people make the same mistake. Next time refuse ALL tests and ignore the threats from police. Make sure you have a strong legal defense that can get this behind you. Let me know if you need help finding representation.
I was pulled over last night going 9mph over the speed limit.
I have always heard to never blow. I was cited with an OVI and when I got home I was looking up details and pretty much everywhere read to always blow. I guarantee if u was over the limit it was not by much but I made a very bad mistake and heard wrong information.
I am married with two young kids whom I have to drive around a lot. Did I just make the worst decision of my life? I am very angry with myself and I should have blown. It does not look like there is any possible way of dismissal.
Any advice would be greatly appreciated.
I was was pulled over doing 102mph in a 70mph zone on the highway. The officer said he smelled alcohol, and I took a field sobriety test, then he took me to the police station. I tried 2 times to take the breathalyzer test, but I am still recovering from acute bronchitis, and I forgot to grab my inhaler from the car. I told the officer I would take the blood test, but they did not have the equipment for a blood test. The officer allowed my mom to pick me up, and I plea on Jan. 24, 2018, at 2:45pm.
Hey i was charged with a dui i had an open container he said step out the car Gave me the eye test i told him stop it waz starting to hurt with all the lights asked me to take the breath test i refused then he ask when was my last drink i smell alcohol i said 4:30 after work it was around 11 at the time i think but can you just email me if you think it sounds bad thats all i need to know