QUESTION
I took three test and have been accused of refusing what does this mean?
Asked on Nov 24th, 2012 on DUI/DWI - Colorado
More details to this question:
I was pulled over for speeding. The officer said he smelled alcohol. I have asthma and had just used an albuterol inhaler when I was pulled over and a prescription for divigel which is rubbed into the arm that contains 96% alcohol I had applied about an hour before being pulled over. I had been drinking black coffee for an hour prior to as well. I was taken to the station after blowing in the field and passing all the other test. I blew twice at the station as requested. The officer was upset accusing me of not trying. I was then presented a paper to sign. I stated I wasn't comfortable signing anything until I spoke to a legal representative. The officer stated I refused subject sample on a paper he gave me and then took me home. What does all results in "g/210L" mean on the paper he gave me and why is the officer accusing me of subject sample refused when I blew twice like he asked?
6 ANSWERS
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Consult with an attorney to discuss these issues fully and properly prepare the case.
Answered on Apr 15th, 2013 at 6:58 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation.
Answered on Apr 15th, 2013 at 6:57 AM
Michael J. Breczinski
He is probably mad because the test came out negative. However if you do not blow hard enough the test is invalid. You should get a lawyer.
Answered on Nov 29th, 2012 at 5:15 AM
Civil Litigation Attorney serving Seattle, WA
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The Law Office of Edmund P. Allen Jr., PLLC
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210 liters of breath is how much is required to register a sample on the breath machine in Washington. If your lungs can not expend that much air, he should take you for a blood test instead. There is a data base of all machine results, which may show how many seconds you attempted to blow. You need a lawyer to fight this.
Answered on Nov 27th, 2012 at 4:55 PM
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You could have your license suspended for the charge of refusing the test. You have a good defense, though, as an asthmatic, that you blew as hard as you are capable. You should hire a lawyer to help you fight the charges, or you will have your license suspended unfairly.
Answered on Nov 26th, 2012 at 3:09 PM
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The officer is accusing you of not trying hard enough on the breath test. Some officers do not know how to work the breath machine and this can get your case dismissed. If you get the police reports, I can review to see what your chances are. You should request a DMV hearing without the officer ASAP. In response to your DUI Questions: I am a criminal defense attorney that focuses on DUI cases. If you would like to discuss your case, please contact me. Some important information- 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. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Answered on Nov 26th, 2012 at 3:08 PM