Hudson Bair | Hudson Bair
No, while you failed to provide a sample of your blood or breath under implied consent, you must be lawfully arrested which is a specific legal standard. You should consult with a DUI lawyer to discuss the facts of your case and potential strategies to avoid the DUI or at least the refusal aspect which mandates a longer jail sentence and 1 or 2 years "hard" suspension.
Answer Applies to: California
The Law Office of B. Elaine Jones | B. Elaine Jones
No it doesn't mean that you automatically guilty of DUI. In fact, if you didn't blow and you look good on the video doing the field sobriety tests you have a change of having the DUI reduced to a reckless driving. However, refusing to blow gets you a 1 year suspension of your drivers license according to the DMV.
Answer Applies to: Florida
Timothy J. Thill P.C. | Timothy J. Thill
You are not automatically guilty. The prosecution can use your refusal to help establish your guilt, but will need a lot of other evidence to establish your guilt, such as your condition and appearance at the time of the stop. The burden of proof is high for the prosecutor, beyond a reasonable doubt. A refusal to blow, by itself, does not meet that standard.
Answer Applies to: Illinois
Charles M. Schiff, Attorney at Law | Charles M. Schiff
Refusing to provide a breath sample does not automatically make one guilty of DWI. You should be aware however that in Minnesota refusal to test is a crime in itself. It is a gross misdemeanor punishable by 90 days and a $1,000.00 fine.
Answer Applies to: Minnesota
Law Offices of Laurie A. Schmidt, P.C. | Laurie Schmidt
You are not automatically guilty of DUI whether you submit to the chemical test or not. Anytime you are accused of a crime, it is the STATES or governments job to prove each part of the crime beyond a reasonable doubt- it's not your job to prove that it did not happen. In Colorado there is an Express Consent Law. What that means is if the officer had probable cause to arrest you for suspension of DUI- then you are required to submit to a blood or breath test. If you refuse, your license would most likely be revoked for a one year period by the Colorado DMV. The DMV is an administrative action (not the courts) and there standards are a lot less. In addition, the prosecution may use the fact that you refused the test against you in a jury trial.
Answer Applies to: Colorado
Brown and Hayes Attorneys at Law, LLC | Christopher R. Hayes
You are never automatically guilty of anything here in the United States. The government has the burden to prove you guilty beyond a reasonable doubt. If you refused to blow, there will one immediate consequence you will lose your privilege to drive for one year. In addition, the state can use the fact that you did not blow as evidence against you at trial. However, you can also use that to your advantage. You need to contact an attorney that has tried DWI cases to a jury in order to assist you with your case. Don't go at it alone and don't go at it with an attorney that writes wills for a living.
Answer Applies to: Missouri
Kevin H Pate | Kevin H Pate
No, you are not automatically guilty of a criminal charge. However a refusal to test triggers a revocation of your drivers license in most any jurisdiction. In OK it is at times possible to obtain a modified license permitting one to operate a vehicle with an interlock device.
Answer Applies to: Oklahoma