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