QUESTION
Will I be charged still since it wasn't my fault?
Asked on Oct 22nd, 2012 on DUI/DWI - Utah
More details to this question:
I recently was taken to station for breath test. I didn't trust it so I was going to take blood and urine test. The cell would not unlock when it came time. I was stuck with tight handcuffs for five hours. Finally, locksmith opened the cell and cops didn’t test me because it was more than five hours. I passed street test. However, they wanted me to take test at station. I cooperated and since I did, cops left me with my driver’s license and said they would write statement in my favor. They put DUI refusal on ticket,
6 ANSWERS
John J. Carney
You will be charged with DWI but they can not use the test unless it was done within two hours after the arrest, They cannot revoke your license for refusal since it was not your fault that you could not perform the test.
Answered on Nov 04th, 2012 at 1:43 AM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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A lawyer should be able to "bust" this charge if all you say is true. It is only a refusal if you willingly refuse to take any chemical test.
Answered on Oct 25th, 2012 at 8:26 PM
They tricked you. Writing a "refusal" is their way of still trying to get you for a DUI instead of letting you off the hook. The consequences of a refusal are even more severe than a regular DUI. You need to hire a DUI specialist ASAP, because you have only 10 days to save your license.
Answered on Oct 25th, 2012 at 8:05 PM
Michael J. Breczinski
Yes you will probably be charged still. You may have a defense though. Get a lawyer and fight the matter.
Answered on Oct 24th, 2012 at 1:11 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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By refusing the breath test you may have created a bigger problem for yourself. There is what is called the "implied consent statute". This means that if you are stopped because an officer believes that you are under the influence of alcohol, he/she can ask you to submit to a breath test. You can certainly refuse, but if you do, the DOL will suspend your license for a minimum of one year.... even if you are not convicted of the DUI.
Answered on Oct 24th, 2012 at 1:11 PM
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It sounds like you could get your driver's license revoked for refusing to take a DUI test. If you cooperated with the officers, you should fight that. You will likely need a lawyer to help you. As for being charged for DUI, it's possible that you will be charged, depending on what evidence the police collected. They won't have the blood or urine test, but they may be able to testify that you were behaving as though you were intoxicated. It makes your case a little better that they don't have any solid, scientific evidence to back this up. Bottom line: get a good lawyer immediately to look over your case.
Answered on Oct 24th, 2012 at 1:08 PM