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.
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