If you do not blow for DUI are you automatically guilty? 17 Answers as of May 07, 2013

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
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
Replied: 5/7/2013
Anderson Law Office
Anderson Law Office | Scott L. Anderson
No, the state must still prove the case but refusal to test is difficult to defend.
Answer Applies to: Minnesota
Replied: 5/7/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Not automatically guilty of DUI, but automatically getting license suspended.
Answer Applies to: Georgia
Replied: 5/2/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Nope. It's called a refusal case, which has more severe consequences but are usually more defensible due to lack of evidence. You need to hire a DUI specialist if you want any chance of beating the charge.
Answer Applies to: California
Replied: 5/2/2013
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
Absolutely not.
Answer Applies to: Texas
Replied: 5/7/2013
    The Law Office of B. Elaine Jones
    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
    Replied: 5/2/2013
    Timothy J. Thill P.C.
    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
    Replied: 5/2/2013
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    No, but you will get an automatic suspension on the 46th day after your arrest. The suspension can be challenged in court.
    Answer Applies to: Illinois
    Replied: 5/2/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    No but generally you have also violated the implied consent law which goes to additional problems and complications. You shouldn't engage in attorney immediately.
    Answer Applies to: Michigan
    Replied: 5/2/2013
    Charles M. Schiff, Attorney at Law
    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
    Replied: 5/2/2013
    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
    Replied: 5/2/2013
    Law Offices of Marshall Tauber
    Law Offices of Marshall Tauber | Marshall Tauber
    No, you are subject to the penalties assessed for failing to blow and the prosecution must still prove the drinking and driving charges against you beyond a reasonable doubt.
    Answer Applies to: Michigan
    Replied: 5/2/2013
    William A. Siebert
    William A. Siebert | William A. Siebert
    No, but you will lose your license for 180 days without a restricted license.
    Answer Applies to: Michigan
    Replied: 5/2/2013
    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
    Replied: 5/2/2013
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    No, but you lose your license
    Answer Applies to: Nevada
    Replied: 5/2/2013
    Kevin H Pate
    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
    Replied: 5/2/2013
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    No, but you could be charged with Refusal in Virginia. The issue would then be whether your refusal was justified. They normally charge it both ways in Virginia.
    Answer Applies to: Virginia
    Replied: 5/2/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney

Need more information on drunk driving law? Visit our free DUI resource page to learn more.

If you need immediate assistance, fill out a free case evaluation form to connect with a DUI lawyer in your area today!