When I tried to blow, skin from my lip would block the tiny little hole on the machine. They had me try a few times and accused me of being numerous things, the least of which being an idiot who couldn't simply blow. After some attempts, they said they were charging me with refusal and I offered blood or urine. They pretty much told me to take a paddle up "you know what" creek. Are blood and urine not viable substitutes that would constitute a non-refusal?
This question is better directed for a criminal defense attorney.
Sagi Shaked is a Florida Bar Board Certified Civil Trial Attorney. To schedule a free consultation, call (877) 529-0080 or (305) 937-0191. I am licensed in Florida, therefore, my answers are based on general prinicpals of law or Florida law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only and do not create an attorney client relationship. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is different and fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
Car / Auto Accident Lawyer
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Personal Injury Lawyer
You need to retain a criminal law attorney, and if possible, one who has represented DUI clients. Every state has different requirements as to what constitutes a refusal & what other types of chemical tests are required to be offered. In California there must be a willful refusal, & that is a determination for the trier of fact to decide. In California you must make an honest attempt to comply with the test demand; otherwise, it can been be deemed an implied refusal. There are often additional penalties for a refusal in addition to the standard DUI penalties. Retain a good DUI attorney immediately - if you can not afford a private attorney request the court to provide a public defender. Move fast, the penalties can be significant.
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
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No, the officer may request a breath sample and if you dont provide it, they will deem it a refusal. If you have a prior refusal that can be charged as a misdemeanor. You have 10 days from the arrest date to challenge the administrative suspension with the dmv. If you were unable to give the sample due to a medical reason, that could be a defense. The Ferraro Law Group handles cases in this jurisdiction.
For more information, www.stuartcriminaldefense.com The hiring of a lawyer is an important decision. Avvo is a great resource to learn about lawyers and legal issues, but answers to questions posted here do not create an attorney client relationship.
Criminal Defense Attorney
The fact you tried to blow can be good for your case. Urine tests are typically used in cases where the cops suspect a DUI by use of drugs. Blood tests are used when someone is hospitalized and the breathalizyer is not available. Review my website to see if it answers any questions you may have.