More details to this question:
Pulled over going 10 miles under the speed limit. No breath test - refused it. Cop made me walk line and I did fine. He still arrested me. This happened Sun night.
8 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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If you refused to provide a sample of your blood or breath you will be prosecuted as a refusal. The prosecution get's to imply that you didn't provide a sample because you knew you were drunk (or over the legal limit). A DUI defense attorney may be able to help you avoid the one year (or more) license suspension and the extra school and jail that accompany a DUI/refusal conviction. Driving under the legal limit is a "clue" under the research done by NHTSA of an impaired driver. Your field sobriety tests are important to the eventual outcome in your case.
Answered on Mar 27th, 2013 at 2:25 PM
Michael J. Breczinski
You have to get a lawyer and the lawyer will have to get the police reports and see what the cop is claiming. There may be a defense but without all details I can't tell you.
Answered on Mar 27th, 2013 at 1:31 AM
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. While refusal cases have more serious consequences, they are also more defensible, provided you hire someone who knows what he is doing.
Answered on Mar 26th, 2013 at 2:45 PM
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You should plead not guilty and have an attorney help you. In Utah, refusal to take a breath test carries a two year suspension of your license so you will need your attorney to argue that officer did not have probably cause to arrest you.
Answered on Mar 26th, 2013 at 2:45 PM
You need an attorney . A refusal is very serious- one year license suspension . Get an attorney . You need to request hearing within 10 days from arrest.
Answered on Mar 26th, 2013 at 2:45 PM
Personal Injury Attorney serving Covington, KY
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You need the video to see how you look Then you need to get an attorney to help you go to trial and try and prove you are not guilty.
Answered on Mar 26th, 2013 at 11:30 AM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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Your defense attorney will determine what evidence is available after going through the police report. Without seeing that, no one can tell you what the officer is basing his charge on.
Answered on Mar 26th, 2013 at 10:41 AM
You don't. The arrest has already transpired, you were arrested on suspension of DUI, booked and presumably released. BUT just because the cops arrested you does not mean that your guilty, it does not mean that the DA will get a conviction, or that you need to plea guilty. It does mean that you need to retain a local DUI attorney in your area to aggressively defend you in the charges that most likely will be filed against you.
Answered on Mar 26th, 2013 at 10:41 AM