QUESTION
My husband refused a breathalyzer can he still be charged with DUI?
Asked on Jul 21st, 2013 on DUI/DWI - Nevada
More details to this question:
My husband was arrested for falling asleep at the wheel; he refused a breathalyzer until he spoke with an attorney. They cited him for DUI is there any way to prove he was not under the influence and avoid the DUI charge.
9 ANSWERS
James Edward Smith
If the prosecutor has other circumstantial evidence he can still be convicted of dui.
Answered on Jul 27th, 2013 at 3:25 PM
Michael J. Breczinski
It is not him that has to prove he was sober. They have to prove he was drunk or high. This is the police burden.
Answered on Jul 27th, 2013 at 3:25 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Yes. Based on the evidence and the officer's testimony. Did he smell like an alcoholic beverage? Did he take any field tests?
Answered on Jul 27th, 2013 at 3:25 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Be prepared to fight hard as falling asleep is an indicator that one is being affected if one has been drinking.
Answered on Jul 27th, 2013 at 3:25 PM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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Yes, they can still charge him with DUI, and yes, you can try to defend this case. You need to consult with an experienced attorney as soon as possible.
Answered on Jul 27th, 2013 at 3:25 PM
Absolutely, and it is actually more serious than a regular DUI. He needs to hire a DUI specialist, and do it soon because he has only 10 days to save his license from a very long suspension.
Answered on Jul 27th, 2013 at 3:25 PM
2 Awards
Retain a DUI attorney in your area, and do so quickly. Your husband has only 7 days to request a hearing with the Colorado DMV. This is separate from the criminal charges because he refused a blood or breath test, he could have his licenses suspended for a year. Colorado law does not give a person the right to speak to an attorney before the administration of a blood or breath test, IF the cop has probable cause to believe that the person was under the influence of alcohol or drugs. As for the court case, the DA will charge your husband with DUI and most likely may try to add penalties for refusing a test. Your DUI attorney should be able to defend you in both the DMV and DUI actions.
Answered on Jul 27th, 2013 at 3:25 PM
Yes, he can still be charged with a DUI if he refused to take the breathalyzer. Your husband needs to hire an experienced DUI attorney to represent him. Since he didn't take the breathalyzer test, it will be difficult to prove he wasn't intoxicated.
Answered on Jul 27th, 2013 at 3:25 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yes. He will be charged with DUI (the "A" count: driving while his ability to drive was impaired by alcohol) and the State will seek enhanced punishment because he refused to submit to the chemical test. In exchange for the State giving you a license to drive, you agree to take a chemical test if arrested for DUI. When you don't, you face enhanced punishment and a 1 year suspension from the DMV. It's important to understand that a person thus accused has to win twice: Once at the DMV and once at the criminal court. A loss at either will result in 1 year suspension. The State will seek to prove the accused is DUI by circumstantial evidence (even the test is circumstantial evidence actually). They will have the officer testify to red, watery eyes, odor of alcohol, slurred speech and failure to properly perform the FSTs. It's alot of BS, but if you don't fight it there will be a conviction of DUI and license suspension.
Answered on Jul 27th, 2013 at 3:25 PM