Minneapolis, MN asked in Civil Rights, Constitutional Law, Traffic Tickets and DUI / DWI for North Dakota

Q: I got pulled over for window tint, even though it was legal, and the police did not meter it or give me a ticket of it..

But ended up giving me a dui because I refused the breathalyzer.

But the windows were of legal tint. Can I win and get it all thrown out?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: If you were pulled over for window tint but were not ticketed for that specific issue, it indicates the initial stop may have been justified under the officer's belief that a violation occurred. However, the outcome of being charged with a DUI because of refusing a breathalyzer is a separate matter. The legality of your window tint doesn't directly affect the DUI charge.

In many jurisdictions, refusing a breathalyzer can lead to automatic penalties under implied consent laws, which you agree to by obtaining a driver's license. This refusal can be used as evidence in court, potentially complicating your defense against the DUI charge.

To challenge the DUI charge effectively, you should consider consulting with an attorney experienced in DUI cases. They can evaluate the circumstances of the traffic stop, the refusal, and any other evidence to advise you on the best course of action. Remember, each case is unique, and outcomes can vary based on the specifics of your situation.

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