QUESTION
Can I get charges dropped for DUI if I didn’t take a breathalyzer test?
Asked on Feb 18th, 2013 on DUI/DWI - California
More details to this question:
Got pulled over for loud music, had open container inside car but had not drink admitted to 4 to 5 beer.
8 ANSWERS
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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No. Not if you admitted to drinking 4-5 beers.
Answered on Feb 20th, 2013 at 11:04 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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If you were arrested for DUI and failed to provide a sample of your blood or breath as required by state law, you will also be charged with a "refusal." A refusal can be won under specific circumstances, you should contact a local DUI defense attorney to determine if your case can be defended. A refusal has double the minimum statutory jail requirement (on a first offense), a one year license suspension (with no restriction available) and a DUI program of 9 months.
Answered on Feb 20th, 2013 at 9:37 PM
John J. Carney
You should retain a good criminal lawyer to handle the case. You should have taken the test, now you will probably have to go to trial. Unless you were going to get a BAC of more than .16 it is better to take the test. No one gets the charge dismissed unless they can't prove you were driving, they almost always convict of at least the DWAI. It was not a god idea to admit that you were drinking. That is evidence that the officer did not have until you confessed to it.
Answered on Feb 20th, 2013 at 7:28 AM
Michael J. Breczinski
Well that is going to depend on whatever other evidence that they might have like strong smell of alcohol, slurred speech etc.
Answered on Feb 20th, 2013 at 7:25 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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There can be enough evidence to arrest and convict you without taking a breathalyzer. You need to have an experienced DUI attorney review the case file for a more adequate analysis.
Answered on Feb 20th, 2013 at 7:20 AM
Possible if you hire a DUI specialist. By yourself you have no chance. Remember you have only 10 days to save your license.
Answered on Feb 20th, 2013 at 7:18 AM
While BAC is one the main pieces of evidence in most cases, other factors such as manner or driving, roadside sobriety test, and slurred speech can be used to convict a driver. As for the loud music, I would want to look at the statute or ordinance that relates to loud music to see if the facts gave the police officer reasonable suspicion to pull you over.
Answered on Feb 19th, 2013 at 10:44 PM
Domestic Violence Attorney serving Orange, CA
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Law Office of James Gandy
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Though it is possible to win a DUI case because a person did not take the breathalyzer, it appears that you may have issues with this defense. First, according to the information that you provided, you told the police that you had been drinking. This admission could convict you. Additionally, it is unclear how you appeared to the officers at the time of the arrest. If you appeared to be intoxicated, this could also lead to your conviction (this would be especially true if you were on video). To be frank, it is impossible to answer your question in this format. To respond appropriately, an attorney would have to review the evidence against you.
Answered on Feb 19th, 2013 at 10:38 PM