QUESTION
Can I be charged with 23152(b) if I refuse the BAC tests?
Asked on May 12th, 2015 on DUI/DWI - Colorado
More details to this question:
I was arrested for DUI when I was super wasted, and I refused to take the drug test because I knew it was not going to be pretty. I know there are penalties for that, but I think I would have gotten them anyway. However, because I refused the tests, can I only be charged under Vehicle Code 23152(a) and not (b)? That one carries smaller penalties, right? Did I do the right thing, or can I still be charged with (b) on the assumption that I was over 0.08?
5 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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This does not appear to be a Wisconsin question. Try checking with a lawyer on your state.
Answered on May 14th, 2015 at 1:33 AM
Absolutely, and the consequences are worse than a regular DUI. But having said that, refusal DUIs are harder to prove. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on May 13th, 2015 at 12:32 AM
Criminal Defense Attorney serving Riverside, CA
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Law Office of A. Marie Felsen, Esq.
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You will probably be charged with VC 23152(a) which is based on Field Sobriety Test and the Police statements that you were not fit to drive. Penalties are the same - most people are arrested for both 23152 (a & b) but convicted of one or the other. Did you do the right thing? Well, we usually do not recommend what you did because now you are probably facing a one year suspension by the DMV with no possible restricted license. then again, on the other hand, there is less evidence on you... so I suppose it might help you out if you were to go to court. Hard to say.
Answered on May 12th, 2015 at 5:03 PM
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Yes you can be charged with DUI. You cannot be charged with DUI-Per Se bc that requires a test. In response to your DUI Post: I am a criminal defense attorney with more than 17 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- DMV Issues - If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Evidence Issues - It would be valuable to immediately request all police reports, including all audio and video recordings from dash recorders, lapel recorders and police station recorders from the police agency that arrested you and the prosecution. Include in your written request a statement that you believe the audio and video recordings are material and exculpatory. Make sure you get a copy of your request with the date, signature and name of the person that you give it to. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Answered on May 12th, 2015 at 4:03 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I would need to know more facts; however, the prosecutor can introduce into evidence the fact that you refused the tests. If the judge or jury hears that, how do you think they will interpret that? You say you were "super wasted". That may be enough (especially if there is a video) to have you convicted, even without the test results.
Answered on May 12th, 2015 at 4:03 PM