Q: My fiancé got stopped in a drive way for dui and refused a breathalyzer but still got arrested what should he do now
Someone called and reported that he was swerving so the cop ended up following him on a street he noticed the cop and pulled into a driveway where it was dark and scrapped a cable box, the cop stopped and asked questions, did a walking test and arrested him for dui. He doesn't remember the cop doing a blood test so I'm not sure if he did or not. This is his first offense. Trying to figure out what steps to take from here as far as a lawyer or public offender he's in college so money is tight. He's been to a mental health doctor for some stress issues that he's drank because of would this information help his case?
A:
It really doesn't matter where you are stopped in regards to a DUI. If operating a motor vehicle and under the influence of alcohol or other intoxicant, officers, with probable cause for DUI, can effect an arrest. It severely weakens their case when someone refuses the breathalyzer because they have not affirmative proof. You can figure out that it weakens their case and they do not like people to refuse because they pretrial suspend your license. They take your license at arraignment, or shortly after, if you do not comply by taking the breathalyzer or any other test asked to be taken.
You are entitled to a refusal hearing and it really is like a probable cause hearing. The best thing is that they need both the officer and the breathalyzer technician present in order to win, or keep your license pretrial suspension. You often get your license back. If you lose the hearing it is a straight 6 month loss of license.
I would get a private attorney, but I would not pay more than 750 initially because it simply may never be able to be tried. It should not be understated, however, that a DUI will impede him for some time. No military, people similarly situated will be taken over him in job applications because of the DUI.
Lastly, do not mention mental health and his desire to self medicate with alcohol because they do not care. More importantly, voluntary intoxication is not a defense.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
