I'm physically disabled due to being a lower leg amputee and I must use a device such as a prosthetic leg, wheel-chair or crutches to get around, usually the prosthetic leg and handle it OK. One evening I was coming from a friends place on my motorcycle, stopped at a convenience store, went in, came back out, attempted to get back on the motorcycle and at that time the prosthetic leg malfunctioned which then caused me to drop the motorcycle on it's side. They helped me pick it up and park it, I couldn't walk due to the bad prosthesis, so they asked me to call for a ride home, I did, but someone also called the cops, they showed up before my ride did, smelled where I had drank some beer earlier, and charged me with DUI, I refused the breathalyzer, what are my chances of this being reduced?
If you refused a portable breath test at the convenience store, it would be difficult for the prosecution to show that there was enough of a reason to arrest you for DUI. You didn't commit any traffic violation, and an odor only indicates that you had consumed alcohol earlier--it doesn't show that you were impaired by it. I assume the officer didn't have you walk a line or anything like that, but did he have you follow his finger/pen with your eyes? It seems like you have a very strong case, especially if there were no field sobriety evaluations. That said, if you refused to blow at the station after arrest, you could be looking at a hard suspension of your license without a work permit. So it's important to get an experienced DUI lawyer who you're comfortable with to get the charges reduced as soon as possible and protect your license. You should be able to find representation at a reasonable price, with a payment plan if you need one. Best wishes to you
You're off to a good start, but other factors are going to come into play such as which court your case is in, which judge it has been assigned to, etc. Again, you have some very powerful facts on your side. I would meet with a local attorney who is familiar with the court your case is in, and discuss these facts with him.
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