What can I do if I was arrested for DUI and I refused to blow? 18 Answers as of April 23, 2013

I was recently in my car with a couple people in a parking lot. There was one can of open liquor. Just prior to me seeing the police enter the parking lot, I placed the can underneath the back of the passenger’s seat. The officer requested license and registration and I complied. He asked me to step outside the car. They proceeded to search the car and found the can. I completed the field tests, and then they arrested me for DUI. I refused to blow.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You need to retain an attorney.
Answer Applies to: Georgia
Replied: 4/23/2013
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
You will need a lawyer since your now looking at a lose of license for one year.
Answer Applies to: Nebraska
Replied: 4/22/2013
Law Offices of Jonathan Mincis | Jonathan J. Mincis, Esq.,
You Should have been charged with refusal and you would be facing that ticket as well as the DWI.
Answer Applies to: New Jersey
Replied: 4/19/2013
Law Offices of Laurie A. Schmidt, P.C. | Laurie Schmidt
In Colorado refusing to provide a breath or blood sample, if the officer had probable cause to believe that you had been riving under the influence of alcohol, carries a mandatory one year license suspension. It sounds like you could have some good defenses to the officer's probable cause (there must be a showing that you were driving). You should retain the best DUI attorney that you can afford to defend you in both the DMV and court action.
Answer Applies to: Colorado
Replied: 4/19/2013
The Law Office of M Grater LLC
The Law Office of M Grater LLC | Mark O. Grater
You will get an extra period of suspension.
Answer Applies to: Connecticut
Replied: 4/18/2013
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    All states allow for a hearing on the refusal but there are strict time lines as to filing of the demand for hearing. The initial hearing is usually administrative conducted by the DMV which is also the agency that is trying to revoke your license with the ability to appeal that decision to a court. A refusal can still be used against you in the DUI prosecution as evidence of awareness of intoxication. You need a lawyer now.
    Answer Applies to: Missouri
    Replied: 4/18/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Well if the car was not turned on or the keys in the ignition, then an attorney may be able to beat the matter because they have to show that the car was being operated by you when you were impaired.
    Answer Applies to: Michigan
    Replied: 4/18/2013
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    In MN Refusal to Test is a Gross Misdemeanor offense punishable by a max of 1 year in jail and/or a $3000 fine. You should get representation asap since this also affects your drivers license.
    Answer Applies to: Minnesota
    Replied: 4/18/2013
    Law Offices of Eric J. Bell | Eric J. Bell
    You should hire an experienced DUI lawyer in your geographic area. I fight just about every DUI case I have where there is not a blow.
    Answer Applies to: Illinois
    Replied: 4/18/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. Refusal cases have more severe consequences, but are usually more defensible, provided you hire someone who knows what he is doing.
    Answer Applies to: California
    Replied: 4/18/2013
    Henry Lebensbaum | Henry Lebensbaum
    Mandatory loss of license for 6 months.
    Answer Applies to: Massachusetts
    Replied: 4/18/2013
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    You will need to retain a competent lawyer who is experienced handling DUI cases.
    Answer Applies to: Illinois
    Replied: 4/18/2013
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    The issue is intoxication while driving.
    Answer Applies to: Virginia
    Replied: 4/18/2013
    Law Office of John G. Galasso | John George Galasso
    Depending on whether he charged you with ovi or physical control; I would need to know more facts; If you are arrested in Ohio for OMVI or DUI and refused the chemical tests requests by the officer, your licensed is automatically suspended for 1 year
    Answer Applies to: Ohio
    Replied: 4/18/2013
    Universal Law Group, Inc. | Francis John Cowhig
    Hire an attorney.
    Answer Applies to: California
    Replied: 4/18/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If the officer determined that you were under the influence, in his opinion, that can be sufficient to arrest you for DUI. He can make that determination by certain factors, such as your physical co-ordination, eyes, speech, odor of alcohol on breath, etc. If you refuse the breath test, that does not necessarily mean the prosecution cannot prove their case, on the contrary, they can use the refusal as an rebuttable presumption that you were over the legal limit.
    Answer Applies to: Illinois
    Replied: 4/18/2013
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    If you looked good on the video doing the field sobriety tests and you didn't blow, an attorney might be able to get your charge reduced to a reckless driving. However, by refusing to blow your license will automatically be suspended for 12 months. If your case is in the Tampa Bay area and you would like a further consultation, my office gives free consultations.
    Answer Applies to: Florida
    Replied: 4/18/2013
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