QUESTION
What would happen if I took a breathalyzer test but the test came back with no results?
Asked on Mar 26th, 2013 on DUI/DWI - Colorado
More details to this question:
I fell asleep in the car at a traffic light. I told the officer that I was tired from being at the lake all day. He gave me a breathalyzer test but the results came back with no reading. I was charged with a refusal and he arrested me and took my license.
7 ANSWERS
Michael J. Breczinski
You want to get a lawyer and fight the matter since you did not refuse.
Answered on Mar 29th, 2013 at 5:37 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will need an attorney to represent you immediately. Do not speak about this to anyone, especially the authorities, until you have received advise of counsel.
Answered on Mar 27th, 2013 at 9:52 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. There could be a number of reasons for the "no reading". Was this a hand-held unit at the time of your stop and arrest or was it a breathalyzer at the police station? I suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Mar 27th, 2013 at 9:52 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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You should not be convicted but they can try to prosecute you.
Answered on Mar 27th, 2013 at 9:51 AM
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. The court and the DMV will treat it as a refusal DUI, which has more serious consequences than a regular DUI. However, refusal cases are usually more defensible, provided that you hire someone who knows what he is doing.
Answered on Mar 27th, 2013 at 1:32 AM
You may want to look into getting the usage logs that show that you attempted to breath into the device. If you go down for a refusal you are looking at a one year license suspension at least with no restrictions. Talk to an experienced DUI attorney!
Answered on Mar 27th, 2013 at 1:32 AM
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You may have a very good case. Lets discuss representation. Can you get the police reports. Did you request a DMV hearing? If not please do so tomorrow.
Answered on Mar 27th, 2013 at 1:30 AM