QUESTION
What should I do if I'm charged with DWI and there were no test taken to prove my guilt?
Asked on Feb 21st, 2013 on DUI/DWI - California
More details to this question:
I was arrested 2 days ago for driving while intoxicated. I am 17 years old. There was no test taken but the officer states that I declined.
11 ANSWERS
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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Your question is posted in the California DUI section. If you are being charged with a refusal, it is basically an enhancement to a DUI charge. There is much to discuss and argue in refusal cases. I would highly recommend that you speak to a DUI attorney as soon as possible.
Answered on Feb 26th, 2013 at 2:34 AM
Domestic Relations Attorney serving Oxford, MS
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Helen Kennedy Robinso Attorney at Law
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A lot more information is needed than what you supplied in your question. They probably gave you a form to sign stating you refuse the test.
Answered on Feb 25th, 2013 at 5:14 AM
Criminal Defense Attorney serving Covington, LA
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Law Office of Ernest J. Bauer Jr.
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It's your word against his.
Answered on Feb 25th, 2013 at 1:36 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are in significant trouble, compounded by your age.
Answered on Feb 25th, 2013 at 1:29 AM
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DUI cases are very complicated and you need an attorney to read over all the paperwork and explain the good and bad for you. Get an attorney now. What you are facing I assume is a refusal of the BAC machine. You didn't say that it is a refusal so I am guessing but if that is true what the officer is saying is that he/she offered you to blow in the BAC machine at the police station and you didn't do it, or didn't do it correctly. So it is a refusal which is very bad.
Answered on Feb 25th, 2013 at 1:18 AM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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Hire an attorney immediately is the best advice I can give. Try to beat the charges.
Answered on Feb 25th, 2013 at 1:17 AM
Michael J. Breczinski
The n you will have to go to trial on the matter or work out a deal to some lesser charge. His testimony that you were obviously drunk, is enough if believed by the jury beyond a reasonable doubt.
Answered on Feb 25th, 2013 at 1:01 AM
John J. Carney
You should retain a good DWI lawyer to handle the case. You will be charged under NewYork's Zero Tolerance DWI law and probably get a DWAI violation with a year suspension, fines, and Drinking Driver School.
Answered on Feb 25th, 2013 at 12:57 AM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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Without looking over the police report, I have no idea of what other evidence they have. The breath or blood tests certainly make it easier for the police to get a conviction, but it is not absolutely necessary, depending on the facts.
Answered on Feb 25th, 2013 at 12:07 AM
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1. Hire an experienced DUI attorney. You usually get what you pay for. Be careful of people who give you guarantees. 2. An experienced attorney can help you deal with the supposed refusal. This response is not legal advice and does not create an attorney-client relationship.
Answered on Feb 25th, 2013 at 12:06 AM
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. A refusal DUI is even more serious than a regular DUI in terms of potential consequences, but refusal cases are usually more defensible, provided you have someone who knows what he is doing to defend you.
Answered on Feb 24th, 2013 at 11:37 PM