QUESTION
Will I be charged a DUI if I refuse a breathalizer test?
Asked on Aug 16th, 2013 on DUI/DWI - Michigan
More details to this question:
I know there is an automatic 1 year suspension on your license if you do, but can you still be charged a DUI?
9 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Yes. The prosecutor will have to prove the case based on the police officer's testimony.
Answered on Aug 16th, 2013 at 11:46 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes you can, but it may be hard to prove you were intoxicated.
Answered on Aug 16th, 2013 at 8:52 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Yes you absolutely can be charged with DUI even if you refuse the breath test (BT). The BT is only one way of showing impairment. The police officer's observations as to odor of alcohol, bloodshot glossy eyes, slurred speech, erratic operation, etc. etc, etc. can all be used to prove impaired operation. Hire a good DUI attorney if you have been charged.
Answered on Aug 16th, 2013 at 8:26 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Yes, you can (and likely will) be charged with a DUI. The case against you will depend, to a large degree, on your driving and field test performance. A refusal also Carries ash extra 48 hours and a 9 month DUI program as additional consequences if you are convicted as a first offense.
Answered on Aug 16th, 2013 at 3:02 PM
Criminal Defense Attorney serving Chapel Hill, NC
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The Law Office of Lynn Norton-Ramirez, PLLC
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If the officer feels you were impaired, the DA can still prosecute on a refusal case.
Answered on Aug 16th, 2013 at 12:48 PM
Criminal Defense Attorney serving Foley, AL
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The Law Offices of Angela L. Walker, P.C.
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You can still be charged with a DUI under the portion of the statute that prohibits operating a motor vehicle on the public highways while under the influence of alcohol to the extent that you could not operate the vehicle safely. At trial the officer will present other evidence, driving erratically, smelled of alcohol, blood shot eyes, slurred speech etc. It is not necessary to have a blood alcohol content to prove a DUI. Additionally, in Alabama if you do not submit to the Draeger, you will have to have an ignition interlock device installed on your vehicle in order to get your driver license back.
Answered on Aug 16th, 2013 at 11:51 AM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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Yes, you can. The Breathalyzer refusal, or "Implied Consent Violation," is treated as a separate and distinct matter. Please note that you can request a "hardship appeal" from the Circuit Court, to allow you a restricted driver license to and from work, despite the one-year suspension that accompanies a Breathalyzer refusal/Implied Consent Violation.
Answered on Aug 16th, 2013 at 11:51 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, the breathalizer is only one part of the evidence.
Answered on Aug 16th, 2013 at 11:51 AM
Michael J. Breczinski
Yes if they can prove that you were intoxicated with other evidence. This would be how you appeared and acted and smelled.
Answered on Aug 16th, 2013 at 11:50 AM