Can I beat a refuse breath test? 26 Answers as of May 28, 2013

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Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
If the test is properly administered "no".
Answer Applies to: District of Columbia
Replied: 9/25/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
It is not the test you have to worry about it is the DUI charge.
Answer Applies to: Alabama
Replied: 9/16/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
Only if you can show the police had no reason to ask you to take one.
Answer Applies to: Michigan
Replied: 9/16/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
That is far too broad a question with far too few facts. If you refused to blow into the breath test meter or made a show of trying but really not blowing hard, the test is marked as a refusal. If that is what you are talking about, you would have to show a medical reason why you couldn't blow adequately. You would not be the 1s person to try to beat the breath test by blowing less than is required. Thousands of people try this. They are all marked as refusals. You would have to distinguish your situation from all of those by showing medically why you couldn't blow the necessary amount of air into the device. If it is something different than this you will have to explain it better to get an answer.
Answer Applies to: Massachusetts
Replied: 9/16/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Yes, but there are consequences for refusal.
Answer Applies to: Kansas
Replied: 9/16/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you refuse a breathalyzer you are entitled to a hearing within 15 days. If the officer shows up and testifies that he read you the DWI Warnings you will lose the hearing and your license will be revoked for at least a year and you will have to pay $1.
    Answer Applies to: New York
    Replied: 9/16/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Highly unlikely. There is what is called the "Implied Consent Law". This means that for the privilege to drive... driving is a privilege, not a right.... you agree that if requested by an officer during a stop, to submit to a breath test, you agree to do so. You are welcome to refuse, but if you do so, your right to drive is suspended for a minimum of 1 year. This is so, even if you were found "not guilty" of the DUI, or even if the breath machine were found not to be working or not properly certified. You cannot make these arguments if you have refused the breath test. IN a license suspension, the suspension is by the Department of Licensing, not the court.
    Answer Applies to: Washington
    Replied: 9/16/2012
    Steven Alpers | Steven Alpers
    I cannot tell you without knowing all of the facts. You should know that the DA will argue to the jury that it is circumstantial evidence that you knew you were under the influence or you would have taken the test. Also, you lose your license for 1 year instead of 4 months for a refusal.
    Answer Applies to: California
    Replied: 9/16/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Beat? Refusal results in automatic one year suspension of license. The only grounds for appeal to DMV would be that you could conclusively prove you did not refuse. Proof would be difficult, your word is neither proof, nor credible evidence. Do you have credible independent / neutral witness testimony, video or audio recordings, etc., to 100% refute the officer?s testimony? IF so call me to discuss. A little free advice: When arrested for DUI, then upon release from jail or booking, the defendant is given documents that include a notice that he has have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by DMV [for test refusal or otherwise], 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. If you are 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? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. 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, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 9/16/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Possibly but it depends on what the driving was like, whether you took roadside tests and how you did, what the officer observed about you and other factors beyond just the fact it was a refusal case.
    Answer Applies to: Colorado
    Replied: 9/16/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You have a better chance to do so than a regular DUI. Prosecutors don't like taking refusal cases to trial, but you'll need to hire a DUI specialist, because prosecutors won't back down from a refusal cases easily, and usually only when it is set for trial.
    Answer Applies to: California
    Replied: 9/16/2012
    Law Office of Bernal Peter Ojeda | Bernal Peter Ojeda
    depends on facts your question gives no basis
    Answer Applies to: California
    Replied: 9/16/2012
    Meyer & Kiss, LLC
    Meyer & Kiss, LLC | Louis J. Meyer
    It makes it easier to beat. But there are other issues. Was it on video?
    Answer Applies to: Illinois
    Replied: 9/16/2012
    Richard S. Goodman, PC | Richard Goodman
    There are strict requirements that the officer must follow. Get an attorney.
    Answer Applies to: Michigan
    Replied: 9/16/2012
    Langford Law Firm
    Langford Law Firm | Theresa Langford
    I would have no idea, since I know nothing else about the stop, the refusal or your conduct or the conduct of the officers. Very generally speaking however, a criminal defense lawyer is better able to defend you with a refusal than with a failed test. There are many other factors that need to be discussed with your attorney.
    Answer Applies to: Texas
    Replied: 9/16/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Yes.
    Answer Applies to: New York
    Replied: 5/28/2013
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    It could be possible, depending on the circumstances of your case. It's impossible to say for sure without knowing the specific circumstances. If the officer did not have probable cause to request the breath test, then yes, you might be able to beat the charge.
    Answer Applies to: Utah
    Replied: 9/14/2012
    Moriarty & Associates, PLLC | Patrick M. Moriarty
    The answer is maybe (I hate to sound like a lawyer). Each case must be evaluated on its individual merits to determine the best way to attack to prosecutor's case.
    Answer Applies to: Washington
    Replied: 9/14/2012
    Joneson & Michael, LLC
    Joneson & Michael, LLC | Rachel A. Michael
    During the prosecution of a DUI/DWAI case, the District Attorney will not only rely upon the presence of a breath or blood test but also other factors such as the Officer's observations of any indicia of alcohol consumption (slurred speech, bloodshot watery eyes, balance issues) and driving performance (weaving, red light violation, speeding etc.). Therefore, a refusal to submit to a breath test operates as a single factor in determining the strength of the District Attorney's case, and a conviction to the underlying drinking and driving related offense may be garnered based upon other aspects of the case.
    Answer Applies to: Colorado
    Replied: 9/16/2012
    Law Office of Evan E. Zelig
    Law Office of Evan E. Zelig | Evan E. Zelig
    In California, If you refuse to provide a chemical test when required to do so upon the belief you were operating a motor vehicle under the influence the DMV will suspend your license for a period of at least one (1) year upon a showing that your failure to provide a chemical test was willful. As far as whether because of a lack of breath or blood you would beat the DUI charges in court.... that cannot simply be determined by a refusal, and other evidence would have to be examined to see if the DA could prove the case that you were still driving under the influence.
    Answer Applies to: California
    Replied: 9/16/2012
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