QUESTION

How likely can a DUI charge can be dismissed if I refuse to take all test?

Asked on Mar 22nd, 2013 on DUI/DWI - Michigan
More details to this question:
I was arrested a few days ago for driving under the influence for the first time. I was parked at a gas station. I refused all tests. What are the odds that this can be thrown out?
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10 ANSWERS

Criminal Defense Attorney serving Brighton, MI at The Law Office of Steven M. Dodge, PLLC
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There is no way that anyone can say without first having seen the police report.
Answered on Mar 26th, 2013 at 1:52 AM

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Michael J. Breczinski
Very little since they do not NEED the tests to convict if the jury believes from the testimony that you were operating under the influence. Get a lawyer.
Answered on Mar 25th, 2013 at 9:38 PM

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If a blood test was taken and it shows that you had a BAC over 0.08 then there is little chance of the charge being thrown out. If no tests were taken whatsoever, then you could still face charges for impaired driving.
Answered on Mar 25th, 2013 at 1:21 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Without knowing all of the facts of the arrest and the arresting officer's observations, it is difficult to answer this question. If charges were filed, the chances of it being dismissed are probably slim.
Answered on Mar 25th, 2013 at 1:21 AM

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Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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Whether or not your case can be dismissed will pivot mostly on the legal grounds for the initial contact by law enforcement. When you signed for driver's license you agreed to provide a sample of your blood or breath if arrested for suspicion of driving under the influence, you didn't comply with "implied consent." This means that if the Officer's lawfully contacted you and suspected you of DUI you had to provide a chemical test. An experienced DUI attorney can help you navigate the intricacies of both the criminal courts and the DMV (you are looking at a possible suspension of your license of 1, 2 or three years), possibly save your license and help you avoid a horrible situation. Direct answer, your odds are slim without a lawyer, better with a lawyer.
Answered on Mar 24th, 2013 at 8:57 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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Probably.... slim to none. The officer observed your driving, which is a factor and the reason for your stop. There may also be other people who witnessed your driving. The fact that you refused all tests can be told to the judge or jury.. Also, regardless of whether you are found guilty of the DUI, the simple fact that you refused the breath test will result in a mandatory license revocation by DOL for a minimum of one year. You diod not do yourself any favors by refusing the breath test. Before you mess the case up any more, you may want to speak with an attorney.
Answered on Mar 24th, 2013 at 8:20 PM

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Estate Planning Attorney serving Provo, UT at Randy M. Lish, Attorney at Law
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What other evidence do they have? Without reading the police report and finding out what other evidence the prosecutor has available, no attorney can tell you. You need to hire an attorney or get a public defender then they can tell you.
Answered on Mar 24th, 2013 at 8:10 PM

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Criminal Law Attorney serving Worcester, MA at Gregory Casale, Attorney at Law
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When you say thrown out, I assume you are talking about a dismissal. The chances of that are remote. In Massachusetts, which is where I practice and the only location in which my answers pertain, the DA's office does not dismiss DUIs, period. Even if the case is a sure loss for the prosecution, they would prefer that a judge or jury make the determination of not guilty than risk the scrutiny of the media or the public for dismissing a charge with such political volatility. You may have seen the article in the Boston Globe a few months ago questioning why such a high percentage of DUIs that go jury waived (tried before a judge instead of a jury) result in a Not Guilty. One of the major reasons for this is because the DA's office will not dismiss a DUI, no matter how weak their position. Therefore, a seasoned lawyer will often take these cases to trial before a judge and not feel it necessary to take the additional time it takes to try it in front of a full jury. It certainly helps your position tremendously if there is no Field Sobriety Test (FST) evidence or Breath Test evidence. However, the DA will still put the arresting officer on the stand to testify as to his opinion of your condition at time of arrest. Do not take this lightly. The Commonwealth will do everything within their power to convict you, even without the FST and BT evidence. In fact, there are many judges in MA courts that will even convict you on marginal evidence in DUI cases. They too as concerned with public opinion and NO ONE wants to look weak or unconcerned with drinking and driving. Hire a good lawyer and let them do their job and you should be fine.
Answered on Mar 24th, 2013 at 8:00 PM

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You have a better case than most, but it won't mean much if you don't have a DUI specialist representing you in court. You absolutely need a lawyer who knows this stuff, otherwise a refusal DUI has worse consequences than a regular DUI.
Answered on Mar 24th, 2013 at 6:14 PM

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Automobile Attorney serving East Lansing, MI at Nichols Law Firm PLLC
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It all depends but I think your chances get better with a qualified drunk driving attorney in your area.
Answered on Mar 24th, 2013 at 6:03 PM

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