QUESTION

Should I have refused the breathalyzer test when I was pulled over?

Asked on Mar 12th, 2013 on DUI/DWI - California
More details to this question:
I got a DUI. My friend told me I should always refuse the breathalyzer but the officer told me that if I did I would automatically get my license suspended. So I did it and I failed the test. They arrested me and I spent the night in jail. Now I have to go to court to get this straightened out. Can I contest this in any way?
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6 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at 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. I strongly 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 13th, 2013 at 4:53 AM

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Criminal Law Attorney serving Boulder, CO
3 Awards
I say refuse everything until arrested (in cuffs) and then choose either blood or breath bc of the year long refusal suspension unless you are super drunk. There is an article on my website explaining my thoughts. You should contest it and try to get the best result you can. 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.
Answered on Mar 13th, 2013 at 1:13 AM

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No. You would lose your license for refusing a breath test.
Answered on Mar 12th, 2013 at 10:59 PM

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Domestic Violence Attorney serving Denver, CO
Partner at 5280 Law Group
Colorado has an implied consent to a chemical test law in Colorado Revised Statute 42-1301.01. This requires you to submit to either a blood alcohol test or breath alcohol test upon request of an officer who has probable cause to arrest you for driving under the influence of alcohol. If you refuse the evidentiary test, the DMV could suspend your license for a year. During a DUI stop, you are not required to submit to the field sobriety tests and you do not have to answer any of the officer's questions. If the officer believes that he/she has sufficient probable cause to believe you are under the influence of alcohol, then you must submit to a chemical test.
Answered on Mar 12th, 2013 at 10:42 PM

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Litigation Attorney serving San Antonio, TX at Graves Law Firm
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Strictly speaking, you should take the test if you can pass it and refuse it if you can't, but it's sometimes hard to predict whether you'll pass or fail. You're better off with no test than with a failed test. You need a lawyer.
Answered on Mar 12th, 2013 at 9:26 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Can police force you to take a blood alcohol test? No. But, your refusal results in an automatic one year suspension of your license by DMV. Refusal to cooperate with the normal Field Sobriety Tests results in ?contempt of cop? and a sure trip to jail, with a well written police report describing your poor thinking and behavior. Sure, you can contest it. You are presumed innocent until proven guilty, that is why defendants hire attorneys, to fight. A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with any suspension that may be imposed by DMV or the court upon conviction. Contact DMV and do so timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing to present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential jail or prison time, so handle it right. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Mar 12th, 2013 at 9:13 PM

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