QUESTION
What will happen if my husband refused to take breathalyzer?
Asked on Jun 16th, 2013 on DUI/DWI - California
More details to this question:
My husband and I had a few drinks at the bar. He got pulled over for "peeling” which never even happened. The cop admitted he was watching us in the taco bell parking lot and wondered why we didn’t end up ordering food. My husband asked if he could call his lawyer when the cops said he looked like he'd been drinking. They refused to allow it. They did some kind of sobriety test that he passed even though he has a lazy eye. He refused to take a breathalyzer before talking to a lawyer. They also never read him his rights and took him to jail. What can we do to get his license back? Any advice? He is supposed to start a tow truck driving job on Monday and he has court on Monday.
13 ANSWERS
Michael J. Breczinski
He should have taken the test. He can appeal the license suspension on the grounds that they did not have probable cause to ask him to take the test.
Answered on Jun 20th, 2013 at 9:49 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First you need to retain a skilled criminal/OWI lawyer. Your husband was quite mistaken about his rights, since using the roads in Wisconsin creates an 'implied consent' to the police giving you various tests. Your lawyer might be able to suppress the evidence based on a lack of 'reasonable suspicion' by the arresting officer. It's iffy, but it may be worth a try.
Answered on Jun 18th, 2013 at 2:12 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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In Missouri, if you refuse a breathalyzer test, your license will be revoked for one year. He should look at the paperwork he received and follow the instructions. He should also have an attorney to represent him in the DWI and drivers license cases.
Answered on Jun 17th, 2013 at 7:53 PM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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File a petition to rescind to get his license back. No penalty for refusing a portable breathalyzer but you get a license suspension for refusing the one at the station. The fact that he passed the HGN test bodes well for his defense.
Answered on Jun 17th, 2013 at 7:53 PM
Criminal Defense Attorney serving Houston, TX
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Law Office of Henry K. Nguyen P.C.
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He needs to hire an attorney as soon as possible. There is a window of 15 days from the date of his arrest to request an ALR to keep his license for refusing a breath test. That hearing is imperative to his defense on the DWI case.
Answered on Jun 17th, 2013 at 7:53 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Well, today is Monday, what happened? if he refused to provide a sample of his blood or breath at the request of a police officer after being lawfully arrested he will likely face a refusal allegation at the DMV (which carries a one year license suspension) which will likely cause problems with his tow truck driving job. You should contact a DUI attorney to see what can be done to save his license and maybe avoid a criminal conviction.
Answered on Jun 17th, 2013 at 6:07 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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He may be in big trouble. In most states (every state) there is what is called the implied consent law. These means that when you get your license and you drive on the roads of the state, you give implied consent that you will submit to a breath test if requested by an officer. If you refuse, then Department of Licensing WILL revoke his license for one year (minimum). This is the case, even if he were found not guilty of the DUI. My advice: HIRE AN ATTORNEY.
Answered on Jun 17th, 2013 at 5:53 PM
James Edward Smith
He will have his license suspended because of the implied consent law.
Answered on Jun 17th, 2013 at 5:52 PM
2 Awards
In Colorado, If the officer has probable cause to ask your husband to submit to a test of either blood or breath and he refused, than his license may be revoked for up to a year. If the time has elapsed to request a hearing through the DMV, you may be out of luck. You can try to petition the DMV to set the hearing, even know the statutory time to request the hearing has gone. If the time has not elapsed than request a hearing. You will want an attorney present at the hearing fighting to allow him to keep his license. The fact that your husband was not read Mirada or allowed to talk with an attorney does not mean that the case would be dismissed or that the cops violated his rights. This is very fact specific and can only be determined after a review of ALL the evidence, including the cops statements. I would hire a local DUI attorney to review all of your husbands options and potential defenses to the DMV and any court action. Disclaimer: The response to this email does not constitute or create an attorney-client relationship. For additional information or a free consultation contact (303) 747-4686.
Answered on Jun 17th, 2013 at 5:51 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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He needs to hire a lawyer immediately. His license will be suspended on the 40th day after his arrest if he does not request a hearing on the matter. Moreover, lawyers use the information gathered at those hearings to help defend the trial case.
Answered on Jun 17th, 2013 at 5:51 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney NOW. His truck driving job will be of a very short tenure if he is convicted. You needed to provide all the details before any firm opinion can be reached.
Answered on Jun 17th, 2013 at 5:49 PM
3 Awards
this case will depend on the field sobriety tests and the credibility of the cop I would be happy to discuss representation 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 Jun 17th, 2013 at 2:41 PM
He needs to hire a DUI specialist, and do it fast because he has only 10 days to save his license.
Answered on Jun 17th, 2013 at 2:39 PM