Is it normal for an officer to leave the field test uncheck even if I passed it? 5 Answers as of February 12, 2014

Pulled over for "failing to maintain lane" on interstate by state police officer 2AM. I think I made a panicked mistake when I refused a breathalyzer test, since believe now my blood alcohol content probably would have blown around a .06. So I did the field sobriety test and thought I did pretty well but the officer placed me under arrest after my rights were read. Looking at remarks by officer on Notice of revocation, he checked odor of alcohol, bloodshot watery eyes and slurred speech but did not check box or leave any description of field test remarks. Is this normal considering a breathalyzer test was refused? Wondering considering this is my first DWI arrest if I should enter into a plea bargain, and what the reduction could be or any chance there could be a dismissal that i am not aware of given these facts.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Like every alcoholic before you, you should fight the case, because you were not really drunk and have the state prove that you were operating in an unsafe manner. If you are convicted it will be your first and you can get a permit to drive back and forth to work. The second DUI (they always come in threes before alcoholic is willing to admit he has a drinking problem) will put you on notice that you have a problem, since your guess now is that you would have blown a .06 and you passed a field sobriety test, which is not meant to pass or fail.
Answer Applies to: Georgia
Replied: 2/12/2014
Law Office of Mark Herman
Law Office of Mark Herman | Mark Herman
Whether your first DWI or fifth it is always better to have an attorney represent you. Your information is not clear...you say you refused the breathalyzer...did you refuse to do the "preliminary" breath test (pbt) when the police were conducting field sobriety tests, or did you refuse to blow into the breath machine at the police station after you were arrested? It sounds like you may have refused to take the "official" test at the police station. There's a big difference...if you refused to take the "official" breath test you can be charged with the more serious crime of 3rd degree DWI refusal-a gross misdemeanor.
Answer Applies to: Minnesota
Replied: 1/31/2014
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You need to hire a DUI specialist before you get duped into a plea you will regret for life.
Answer Applies to: California
Replied: 1/31/2014
Ascheman & Smith | Landon Ascheman
You need to speak to a criminal defense attorney in your area as soon as possible.
Answer Applies to: Minnesota
Replied: 1/31/2014
Cavaleri & DeMarco | Alexander DeMarco
This would be absurd to plead to. Call a lawyer right away and put in for the challenge and see this case through. Very good things will happen. Everything you described here ads up to a decent defense.
Answer Applies to: Minnesota
Replied: 1/31/2014
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