Refusal to Submit to an Alcohol Test Can Result in an Acquittal of DUI or DWI
Do DUIS ever get dismissed if you refuse the tests? Yes, when a driver refuses breath or blood tests for DUI, this creates a significant lack of evidence for the prosecution which greatly increases odds of a case getting dismissed in court.
In order to understand what to do for legal ways how to beat a DUI refusal case under the new law, you must first know why a BAC testing refusal case is treated differently and what the penalty is for this offense as it applies to your own specific situation.
Just as importantly is how to get out of a refusal offense quickly to avoid costs from this misdemeanor, with the proper help of specialists in this often technical field of law. Utilizing expert free online legal help analyzing a driver’s DUI/DWI arrest for the best defense tactic to use in time, a refusal to submit to an alcohol test can result in an acquittal in court.
How to Get License Back After Refusing Breathalyzer
The essential first step for how to get your license back after refusing breathalyzer testing is with a free suspension removal form so certain case-relevant legal motions can be filed in county court and local DMV right away. A License Suspension Removal Eligibility Form is a proven solution that has helped numerous clients overcome their recent refusal offense and quickly get their driver’s license reinstated.
If you refuse to take a blood, urine, or breath test, you will automatically lose your license for a minimum of 6 months under May 2023 refusal laws in every state for DUI, DWI arrests. However, an automatic driver’s license suspension for refusing tests can still be avoided with expert free legal help to establish a valid defense based on the arrest facts before your scheduled DMV hearing happens.
Since the best winning defenses to a refusal offense are time-sensitive before a DMV license hearing takes place, this fact is precisely why an arrest review is so crucial soon after a DUI, DWI refusal charge in order to keep your license from getting suspended.
- Review Why Refusing Breathalyzer Tests is Often the Best Defense to Get a DUI Case Dismissed
- Is It Legal To Make Somebody Do A Field Sobriety Test?
- How Might A Prosecutor Use A DUI Refusal To Submit To A Blood Test?
- What Is The Penalty That Happens If I Refuse To Take The DUI Tests Or Breathalyzer?
- What Are Other Consequences To Expect For A DUI Refusal Offense?
- How To Fight Refusing Breath Test Charges In Court
- The Administrative Side Of A Test Refusal DUI, DWI Case
Even when a driver refused to take a chemical test of breath, blood or urine, the particular facts of your arrest may show the reason for refusal was not because you believed you were intoxicated but because of some other reason, such as a medical issue for example. If you believe that the refusal offense in your case was inaccurate or a wrongful charge for other legal technicality reasons, special test refusal defenses may apply to have your case dismissed in court.
Furthermore, an arrest review will focus on particular factors that can be used as defenses for women charged with DUI and test refusal charges. Compounding the disadvantage that a female driver may face during a DUI, DWI traffic stop is the fact that women may react different to high stress situations than their male counterparts, especially alone and late at night.
Both men and women alike, are likely to become overcome with anxiety during this unexpected ordeal, and not properly be understanding their rights about refusing the breath or blood tests. An online arrest review will help ensure that all of a person’s legal rights are protected. Taking this action will also identify any test procedure mistakes by the police officers, which is often one of the top ways a refusal to blow case will get thrown out in court.
Can I refuse a Breathalyzer Test?
Yes, you can legally refuse to take a breath test, since in most cases agreeing to do a breathalyzer can only hurt you. Even if you blow a completely clean BAC, the officer can still use his “professional” judgement to say he feels you are impaired by alcohol or high, and you end up in jail at least overnight. If you do take a breathalyzer and blow a high BAC, that breath test evidence will certainly be used against your case in court. Police can’t force you to do the breathalyzer, however 2023 DUI refusal laws in each state and local jurisdiction have ruled that police can take away your license as a consequence if you refuse.
What you should do is state that you are not refusing the breathalyzer until you talk with a lawyer first, and that any test you take will only be for the professional grade breathalyzer machine which has been properly calibrated at the police station, or you want a more accurate blood test at a hospital. Even though police will almost always arrest you if you refuse a breathalyzer on reasonable suspicion (you look impaired/smell of alcohol or Marijuana) but unless they have probable cause, the prosecutor won’t be able to convict assuming you have a good DUI lawyer to find all the legal technicalities that often occur in a refusal case.
A refusal defense fact to keep in mind – there is one thing in common you may notice whenever there is a news report of a judge, police officer, or attorney getting arrested for DUI – they all will always refuse the breath test almost every single time. The reason they all refuse taking tests is because these legal experts have the inside experience to know better than anyone that without breath or chemical test results as BAC evidence, the most serious criminal DUI will charges will have the best chances of getting dismissed fairly quickly when it goes to court.
Do I need a lawyer to defend me on my hearing for refusing a blood sample for DUI? Yes, a driver will absolutely still need a top affordable DUI, DWI attorney nearby who has a good track record winning refusal cases of blood and breath tests in court.
Even when a person has an initial edge to win a DUI case by refusing chemical tests, an individual must know how to avoid hiring a bad lawyer for a DUI refusal offense to ensure the best defense and case outcome still happens.
Review Why Refusing Breathalyzer Tests is Often the Best Defense to Get a DUI Case Dismissed
If you refused the chemical breath and blood tests during a DUI, DWI arrest, the good news is you will have the best chances of winning the criminal court case to get charges dropped or the case dismissed. The criminal case is always the most important part to defeat, since the consequences if convicted will last the longest.
The bad news is by refusing the BAC tests, the penalties under new 2023 refusal laws mean that your license is more likely to still get suspended for a period of time unless a legal technicality defense or other valid DMV suspension defense can be uncovered before the administrative license hearing. However, since police often get overzealous and even angry when someone refuses a breathalyzer, it is very common they make critical legal technicality errors in their arrest paperwork or police report.
In all cases won where a sobriety test was refused, it was because a driver was able to identify the proper legal technicality defense early on regarding their DUI, DWI arrest procedure or police report errors.
Even a mistake that sounds as simple as not properly documenting the time a person refused to take the breath test, can get a DUI, DWI refusal case thrown out of court. Just as each state’s 2023 DUI refusal laws have gotten more strict for drivers, the laws are just as stringent with how police must follow protocol by the book. When an arrest review can find these types of defenses in time, it is the key to save a license from getting suspended for refusing breathalyzer tests.
The reason a person is likely to win the court case if they refuse the tests, is because a DUI, DWI case most often hinges upon the chemical test results as being the best evidence in the prosecution’s case against a driver.
Police know this fact as well. This is why once a driver refuses, it is not uncommon the officers suddenly get an attitude and try every trick in the book to intimidate a driver into submitting to a breathalyzer or blood test. They will tell a person all the horrible consequences that will happen, etc., and sometimes even try the good cop, bad cop routine at the station trying to convince a driver that taking the breath test is in their best interest.
It is always important to remember that police can only charge people with a crime, and they are not the judge who carries out any sentence of what will happen later on in court. One thing to always keep in mind if you ever find yourself in this situation again, is that once a person is under arrest, the police officer’s only goal is to gather as much evidence as possible to prove a case.
Even when some officers try the calm approach pretending to be your friend and say they are trying to help you, providing them more evidence without talking to a lawyer first is never going to benefit anyone under arrest. It is all police officers job to prove a DUI case, not arrest someone and then immediately try to help the driver exonerate themselves.
Since this is a highly stressful situation for people, it is understandable many individuals are confused at the time and want to believe that giving the officers whatever they want is going to help themselves get out of trouble.
Fortunately, an arrest review can begin the process of fighting to undo mistakes made and also identify the best breathalyzer refusal defense that works based on a person’s own specific arrest situation.
Is it legal to make somebody do a field sobriety test?
No, a driver has the right to refuse any of the roadside tests. While it is entirely legal for a police officer to request that a driver submit to field sobriety tests (FSTs), it is also a driver’s right to refuse FSTs. An individual cannot be legally forced into taking the FST at a checkpoint or during roadside testing after a traffic stop.
Is refusing a Breathalyzer an admission of guilt in court? No, not at all where it matters most – in court. If a police officer is asking a driver for a breath test or field sobriety tests, the officer already suspects a person was operating a vehicle under the influence, regardless if an individual takes the test or not at this point.
By refusing the alcohol test, the officer knows there will be no chemical BAC results to use as evidence to prove guilt in a DUI case. This is the point during a DUI, DWI stop that many officers get angry and will try various tactics in an attempt to get a person to submit to a chemical blood alcohol breath test, which will certainly be used against them in court.
Moreover, it is also a person’s right to refuse to take a chemical breath or blood test as well. However, when refusing to blow for a breath test, it will result in test refusal charge that if convicted, will carry the same penalties as a DUI, DWI offense. The only exception for when police can forcibly take a person’s BAC reading after refusing, is with a warrant, and it’s most often done through a blood test.
Successfully challenging and dismissing a refusal to blow case, is approached by other means than in the ways how blood alcohol content cases are cleared in court. The biggest way they are still alike in defending against the charges however, is utilizing legal techniques and methods to counteract the arrest itself as early as possible before the first court date. This is how most drivers who have their license saved from suspension at their first DMV administrative hearing which happens only a few days after the arrest, are able to accomplish this positive outcome from the start.
If a driver is arrested for driving under the influence of alcohol, Marijuana, or other drugs, the DUI test refusal sets off a negative set of chain-reactive administrative sanctions. The courts and the prosecution have come up with sanctions in order to intimidate or coerce drivers the officers believe to be under the influence, in such a way as to not using your rights under the constitution. However, the odds of getting out of charges is higher without a breath test using our free help to advise you.
Many drivers ask us the question “if you refuse to take a Breathalyzer test, how long is your license suspended for?” The answer is what a convicted offender can expect to happen, is having a driver’s license suspension for the same length of time as if they had taken the breath test and failed by blowing over the .08 BAC legal limit. The average length of time of losing a license is for a period of 1 to 3 years following a first-time offense guilty plea or conviction in court. The punishment of having a suspended license can be prevented when we can show you how to get your license back at the DMV hearing which takes places only days after a DUI-related charge, which includes arrests for declining a Breathalyzer.
However on the positive side of refusing to take the BAC sobriety tests, the police will have no tangible evidence of urine, blood, breath, sweat, etc., and consequently the prosecutor has a much harder, if not impossible job of being able to prove a DUI by traditional means, such as walking, talking, counting, etc., that the driver was allegedly intoxicated. That can usually lead to a dismissal of the most serious criminal charges in court, but hefty penalties via administrative sanctions with a suspended driver’s license still may remain in some cases.
Therefore, it is even the more imperative that you know information of case-specific legal technicalities how to fight a DUI test refusal charge to get cleared by having your arrest details thoroughly reviewed online free through us. How soon a driver acts for their defense is vital for the chances of success in the case, because what the penalty is for a DUI refusal conviction can lead to a variety of consequences that is negatively life-altering for most people.
After an arrest review can determine legal technicalities to make the police officer’s report lose credibility, a driver can get out of a charge for refusing breath and/or blood test during a DUI stop. At a person’s court date, expert DUI lawyers will know how to prevent unreliable officer testimony or improper police paperwork from being accepted by a judge. The information learned from an arrest review is the necessary step any attorney you hire will need to win a case when a driver chose to refuse a chemical test.
How might a prosecutor use a DUI refusal to submit to a blood test?
Can you refuse a DUI blood test? The legal answer is yes, you can refuse a blood test during a DUI arrest, unless the police have a warrant for a blood draw.
It is important that every driver realizes the consequences if you refuse to take a blood, urine, or breath test, you will automatically have a suspended license if convicted of the offense under the new local 2023 DUI, DWI laws. This is where we come in to help by preventing a guilty plea or conviction, and therefore avoid the consequences of losing a DUI refusal trial today. Police Officers, and prosecutors, view a BAC test refusal as a probable sign of guilt or mental-impairment due to over-consumption of alcoholic beverages which they think the driver has ingested. This biased viewpoint is not evidence, nor is it proof of any wrongdoing on the driver’s part.
A skilled DUI attorney with us after reviewing your arrest details, can help show you exactly how to fight this or potentially beat DUI blood test refusal charges by an outright dismissal of the case, on one or more of several factors when they apply to your case. For example, if you did not actually and expressly refuse, yet are being charged with an “implied refusal”, then an experienced specialist attorney after reviewing your arrest details, may help how to fight a DUI refusal case. Implied refusals allow for several different defenses, and there are methods available of what to do in how to make a motion to exclude them from either/both evidentiary hearings and/or court proceedings.
Another legal fact is even though not everyone will get offered a plea deal in a “DUI refuse test” case, since the prosecution knows without BAC results or drug test evidence to prove a DUI, DWI, their case is often weak in court against a defendant, a plea deal to a lower charge is much more likely to be offered. Expert legal advice with a DUI refusal attorney who specializes in refusing chemical test offenses is crucial – so a defendant never takes a bad plea deal when a case might actually have a better chance of getting thrown out of court completely.
What is the Penalty That Happens If I Refuse to Take the DUI Tests or Breathalyzer?
One of the most common question a driver has after getting charged with a DUI or DWI refusal offense is “what are the consequences if I refuse to take the Breathalyzer or DUI tests when a police officer asks me to?” While there are a number of strong potential defense options available to fight the charges successfully, what will happen for the local consequences of a conviction for a Breathalyzer or blood test refusal are a lot harsher than many drivers might realize.
Even for a guilty plea or conviction of a first offense for refusing a Breathalyzer test, it is not uncommon to expect a fine of $1,200 and having a suspended driver’s license for 6 months on average.
Another all too common occurrence of police mistakes when charging someone with not complying with DUI tests, is when the officer has written notes on their arrest report paperwork “refused testing DUI” but the test was done in reality.
This is how an arrest review with a nearby expert DUI lawyer can identify winning legal defenses for a Breathalyzer refusal offense, including technicalities regarding implied consent when refusing to take blood, blow, or urine test.
May 2023 Consequences of DUI, DWI Refusal of Breath, Blood Test in Your Location
|State Law||First Offense||Second Offense||Third Offense|
|Alabama||Minimum 3 month license suspension, 6 months of ignition interlock||12 month license suspension, 1 year of IID||2 year license suspension, 2 years of interlock device requirement|
|Alaska||Average 3 days jail time; mandatory ignition interlock requirement; court fines up to $1,700 (jail sentence cannot be required for refusing to submit to a warrantless blood test under state law)||30 days jail time; mandatory IID installation; court fine up to $2,900 (jail can’t be imposed for refusing to submit to a warrantless BAC test)||2 month jail sentence; mandatory IID; fines up to $4,350 (serving time in jail will not be required for refusal to take a warrantless blood test)|
|Arizona||12 month driver’s license suspension period, 1 year ignition interlock device required||2 years license suspension length, 2 year ignition interlock requirement||Minimum 2 years license revocation, 2 years of IID installation|
|Arkansas||6 to 12 months license revocation||2 year supended license length||3 year license suspension period|
|California||12 month driver’s license suspension length (Vehicle Code, §§ 23577, 23612 California DUI Refusal Enhancement Law will add 2 days in jail, 9 months of attending alcohol/drug program sessions, and mandatory one-year suspended driver’s license without any option to get a restricted hardship license)||24 months license suspended||3 year license revoked|
|Colorado||12 months license revocation||2 year suspension time||3 year length of license suspension|
|Connecticut||12 months license suspension length||24 months license suspended||3 years revocation|
|Delaware||12 months driving suspension (24 months if under 21 years of age)||12 months suspended license (24 months if under 21 years of age)||1 year license revocation (24 months if under 21 years of age)|
|District of Columbia||12 months suspended license||1 year revocation||1 year revocation|
|Florida||12 months length of driver’s license suspension||18 month suspended license period||24 month license suspension time|
|Georgia||12 months of a suspended driver’s license||3 year period of a license suspension||5 year driver’s license revocation period|
|Hawaii||12 months license revocation||24 months suspension||5 years license suspended|
|Idaho||12 month license suspension length; $375 court fine (DUI defendants who install an ignition interlock device on their vehicle are eligible for a restricted hardship license which legally permits for driving to/from work, doctor appointments, school)||24 months of a suspended license period; $400 court fine (DUI defendants who install a car breathalyzer interlock on their vehicle can qualify for a restricted hardship license that allows for driving to/from work, medical appointments, school)||24 months suspension of a driver’s license; $450 court fine (Convicted DUI offenders that install an interlock device on their car are eligible for a temporary hardship license that permits a person to drive to/from work, doctor visits, and classes)|
|Illinois||12 months DUI license suspension length, 1 year of BAIID installed on a vehicle||12 to 24 months of suspended license period, up to 2 years of BAIID installed on a vehicle||3 years license suspension period, minimum 2 years length of time of BAIID installation on a vehicle|
|Indiana||12 license months suspension length||24 months suspended license period||2 years revocation of driver’s license|
|Iowa||Suspension period of 1 year||License revoked for 24 months||2 year length of suspended driver’s license|
|Kansas||1 year license suspension time||24 months revoked driver’s license||3 years suspended license period|
|Kentucky||Minimum 1 month license suspension length||Minimum 12 months revocation of driver’s license||Minimum 2 year driving suspension|
|Louisiana||6 months suspension||6 months suspended license||2 days minimum of jail time served|
|Maine||365-days suspended license period||18 months driver’s license suspension length||4 years period of license suspension|
|Maryland||120 days of license revocation||12 months license suspended||1 year with license revoked|
|Massachusetts||180 days driving suspension||3 years with license suspended||Up to 5 years length of driver’s license suspension time|
|Michigan||12 months of license suspension time||24 months with a suspended driver’s license||5 year license revocation period|
|Minnesota||12 months suspension time of driver’s license||1 year suspended license period||Minimum 1 year revocation of driving privileges|
|Mississippi||3 months driving suspension||If first offense was a DUI: 12 months license suspension period. If first offense was a refusal to take test: 3 months suspended driver’s license time||If the first or second offense was a DUI: 12 month period of license revocation|
|Missouri||12 month driving suspension period||12 months license revocation; ignition interlock device is required to get installed||1 year license suspension time; ignition interlock installation will be required|
|Montana||6 months time period of license suspension||12 months length of driver’s license suspension||Minimum 1 year period with suspended license|
|Nebraska||3 months driver’s license impounded||90 days license revoked||3 months of license suspension time|
|Nevada||12 months length of driver’s license suspension||3 years suspended license period||Minimum 3 years loss of driving privileges|
|New Hampshire||6 months with a revoked driver’s license||24 months license suspension time||2 year revocation|
|New Jersey||9 months average license suspension time||24 months length of suspended license||Up to 10 years license suspension period|
|New Mexico||12 months driving suspension||1 year suspended license period||12 months driver’s license revocation|
|New York||License suspension length of 12 months||18 month suspended license time||2 years driver’s license suspension period|
|North Carolina||12 months length of license suspension||1 year with suspended license||Minimum 12 months driver’s license suspension period|
|North Dakota||12 months license revocation||3 years driver’s license revocation||4 years license revocation period|
|Ohio||12 months suspension length of driver’s license||24 months license suspension period||Minimum 3 years license suspension time|
|Oklahoma||6 months suspended license period||12 months revocation of driving privileges||3 years license suspension|
|Oregon||12 months suspension period of driver’s license||3 years license suspension length||4 years suspended license|
|Pennsylvania||12 months suspension of license||2 years length of suspension||Minimum 2 years driver’s license suspension time|
|Rhode Island||6 months license revocation||12 months driving privileges revocation||Up to 5 years suspended license period|
|South Carolina||6 months driver’s license suspension length||1 year suspended license period||12 months driving suspension time|
|South Dakota||12 months revocation of driving privileges||12 months license revocation||Minimum 1 year driver’s license revocation|
|Tennessee||1 year driver’s license suspension||24 months driving suspension period||2 years suspended license duration|
|Texas||180 days driver’s license suspension duration||2 years suspended license length||Minimum 2 years driving suspension duration|
|Utah||18 months duration of license suspension||3 years duration of suspended driving privileges||3 years license revocation|
|Vermont||6 months revocation of driving privileges||18 months suspension duration of driver’s license||Permanent license suspension|
|Virginia||12 months driving suspension||3 years with license taken||3 years loss of license|
|Washington||12 months driver’s license suspension duration||24 months suspended license period||3 years loss of license|
|West Virginia||12 months driving revocation||Up to 10 years revocation of driver’s license||Permanent license revocation|
|Wisconsin||12 months loss of driver’s license||24 months time license suspension||3 years suspended license duration|
|Wyoming||6 months loss of license||Minimum 2 years suspended driver’s license period||Minimum 18 months license suspension length of time|
The charge ‘refusal to blow’ or ‘test refusal’ is still a serious offense in each state of the country, that will carry strict penalties and expensive costs under what the new DUI laws are for refusing the BAC tests. Unless a driver has a good excuse for refusing such as a valid health reason, a person is expected to submit to a Breathalyzer test if asked to do so by a police officer after getting pulled over in a traffic stop.
While a driver still usually has a right to not take the test, many people think that if you refuse to take the breath test that they will be able to avoid a DUI charge. However this is not always the case at all. If a driver gets convicted of a test refusal offense, many times it can result in a person getting the same charges as if they were convicted of driving under the influence or DWI. If that happens, not only will a driver have to pay high fines, they will also lose a drivers license with a suspension either way.
Not many people realize that when a driver chooses to refuse to blow, they will end up in the nearly exact same situation as if they had been charged with a DUI after failing the Breathalyzer or blood tests. Therefore for any driver who has recently found themselves fighting these serious charges, letting us review the arrest details of what happened could make all the difference in finding the best defense strategies in enough time to get the refusing to take the DUI tests charges dropped.
What are Other Consequences to Expect for a DUI Refusal Offense?
The penalty for refusing a Breathalyzer test in every state is the nearly the same as if the driver took the test and blew over the legal limit of .08 BAC, under what the current DUI laws are in every state today. The offense for refusing a DUI tests such as the Breathalyzer or blood test will often result in the following 7 penalties which include:
- Having a suspended driver’s license for 6 months to 1 year for a first offense charge.
- A permanent criminal record for life.
- Fines that cost an average of $1,400.
- Car insurance increase of thousands of dollars per year for the next 5 years.
- Mandatory alcohol and DUI classes.
- Needing to get an Ignition Interlock device installed in order to get a license back.
- Paying all the costs to reinstate a drivers license after a DUI breath test refusal charge conviction.
Refusing to take a chemical test when instructed to do so by a police officer will result in getting arrested for a test refusal charge. However, consequences of this type of offense for breath or blood test refusal can most often be challenged and dismissed when a valid case-specific defense based on the traffic stop or police paperwork technicality is used early as possible after an arrest.
How to Fight Refusing Breath Test Charges in Court
No matter what the situation was during the arrest or how bad it may first seem afterwards, the police do make mistakes and they don’t win every DUI or DWI case. There are a number of ways how to fight charges for refusing a breath test that can win a case. This is also because after a local DUI lawyer can examine the arrest details online with us to find options, many times there is a strong defense, a plea bargain to a lesser offense, or other legal strategies to use other than being found guilty of refusing a breath test and losing a driver’s license.
When a driver submits the arrest details of what happened with us, a skilled and local attorney with the essential experience necessary to fight and beat a refusing a breath test charge, will discuss all the variety of ways they can help to win the case. One of the first things many lawyers will remind their clients of, is just because the police have arrested and charged you with refusing a breath test – it does not mean you will be found guilty of the offense.
Although a refusing to take a breath test charge may at first seem pretty straight-forward in that the driver either “did or did not take the Breathalyzer test,” there are both technical and legal issues under the DUI law that the police and prosecution must have to prove and successfully convict a driver of this type of refusal offense.
It is a driver’s right to have a judge hear the case and make an impartial decision based upon the facts of the test refusal case. Only the judge will decide if the arresting officer or other police did everything properly under what the strict laws and guidelines are for giving DUI tests, and did the driver have a valid reason as to why they didn’t or were unable to take the breath test when asked to do so.
“I took a breathalyzer and passed, but the police are now saying I refused.” It is important for any person currently combating a charge for refusing to take the DUI tests to realize, that the police have a legal responsibility to ensure that when they ask a driver to take a breath test, that the person understands what they are required to do, and the consequences of what will happen for a test refusal if they do not comply.
In the DUI or DWI cases when these rules & laws are not followed properly by police, such as if a driver did not fully understand how to follow the instructions of the tests, or the police did not explain properly or give the driver a reasonable opportunity to take the Breathalyzer test – then this information may become a valid and strong defense to use and fight and get out of the refusal charge in court.
The defense lawyers who will review arrest information online with us, have the expertise necessary for what to do for how to properly fight test refusal charges involving Breathalyzer or blood tests. They will have the experience and up to date knowledge of the current laws for refusing to take the BAC tests, and know exactly what to do for how to challenge the charges to win against this type of refusing the breath test offense.
How to get license back after refusing Breathalyzer
You don’t have to let a Breathalyzer refusal ruin your life, a Board Certified refusal offense DUI attorney can help you keep your license and move forward with your life easier than you realize. A free license reinstatement review can help you understand your options, and the local specialist DUI lawyer can assess the details of your case, identify any weaknesses in the prosecution’s evidence and build a solid defense strategy to get a recent breath test refusal license suspension lifted.
Utilizing their top legal help, you have a high probability of being able to negotiate a plea deal, avoid jail time and keep your license. Imagine being able to drive to work, school and all the places that are important to you without having to worry about losing your license. With our expert Breathalyzer refusal DUI attorney near you on call to provide legal advice 24 hours 7 days a week, you increase your chances of success. Get a free license reinstatement review and take the first step towards keeping your license and moving forward with your life.
The Administrative Side of a Test Refusal DUI, DWI Case
If you refuse to take a Breathalyzer test how long is your license suspended? Refusing to take a blood alcohol breath test will typically result in a 1 year driver’s license suspension in every state under May 2023 DMV administrative test refusal laws, unless a valid legal defense is able to avoid license revocation. Winning at the DUI, DWI administrative license hearing is the first step that will drastically increase odds for a successful legal defense how to beat an alcohol test refusal case in court with getting charges dismissed.
One of the many benefits our free online examination of your arrest details provides, is to help you by knowing how to interact and interface between a qualified DUI attorney and help in possible ways how to win based on your details at the administrative DMV license hearing. It is important to note that drivers have a limited amount of days following the date of their DUI refusal arrest to petition the court for a formal review hearing.
By NOT contesting the suspension, the state can and will suspend your license automatically. However, after having your arrest circumstances reviewed and then with the help of your qualified lawyer, you can learn the possible tactical options of how to get refusal charges dropped based upon any/all legal grounds necessary, and how to argue that (1) you never actually refused the DUI tests or that (2) you were confused by the dual readings of Miranda Rights and DUI refusal notice. By taking advantage of our free online examination of your particular arrest done by a skilled DUI attorney from your area, it can assist with information on what to do that could help protect your driver’s license, and avoid further penalties on both the administrative and the criminal sides of the law.
Some factors to keep in mind when fighting to win this type of case, in many states when you refuse to take a DUI breath, blood, or urine test, then you cannot be forced to do so. However there could be exceptions in certain circumstances, and since each driver’s arrest is unique in what happened, it is very important to make sure your arrest details can be carefully examined to find possible defense strategies on potential ways how to attack and throw out a sobriety testing refusal case.
A police officer can order a test without asking you first if you are involved in an accident that causes property damage, serious injury, or death, even if you are rendered unconscious. Also, if you have a prior DUI or DWI offense on your record, then it is possible the officer could get a warrant for a blood test to be taken.
In every state throughout the country, time is a critical factor in fighting to get out of and win a BAC testing refusal arrest case. It is essential knowing what is the penalty for refusing to take a breath or blood test offense charge, and which legal actions to take next to clear it in court. We are here to help you get started in the right direction fighting to dismiss or drop these type of charges.
We review all possible defense options within your arrest details for what will happen next fighting a DUI or DWI test refusal offense. Utilizing the best arrest-specific legal defense methods in time is how to get out of and beat a DUI refusal in Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
No matter what a police officer may have told a driver about having no chance to win or having a driver’s license suspended, a refusal to submit to an alcohol test can result in an acquittal with the right legal help in time before court. There are definitive legal techniques required how to win DUI refusal case scenarios for each person’s own unique arrest situation. After looking at each driver’s individual circumstance, we utilize the proper legal methods for ways to get a case dismissed or charges reduced to something far less serious than refusing to blow.
How to Get DUI, DWI Refusal Dismissed?
A refusal to submit to an alcohol test can result in an acquittal of DUI and save your license. 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 any 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 dismissed.
Refusing Breath, Blood Test May 2023 Law Additional References:
14 CFR § 61.16 – Refusal to submit to an alcohol test or to furnish test results – govinfo
35 thoughts on “Refusing DUI Tests: How to Get Out of a BAC Refusal DUI Case & Avoid the Penalty”
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…
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