I have a dwi but i refused to blow on the breathalyzer is that bad ?

Asked about 2 years ago - 11726

so now i have a hearing for this and i really dont know what is coming to possibly happen what you know please?

Attorney answers (6)

  1. Eric Edward Rothstein

    Contributor Level 20

    5

    Lawyers agree

    Answered . You are facing a license suspension that is seperate from the criminal case and potential use of the refusal against you in the criminal case. Whether it was a bad idea to refuse depends on what the result would have been. You should let your lawyer know about the refusal hearing as he/she may want to attend and question the officer.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Scott Evan Gross

    Contributor Level 12

    3

    Lawyers agree

    1

    Answered . You'll be fine. Call an attorney

    Scott Gross
    Former Suffolk Prosecutor
    516-662-7995

    This is not a solicitation nor is it legal advice. An attorney/client relationship has not been established.... more
  3. Charles K. Kenyon Jr.

    Contributor Level 20

    4

    Lawyers agree

    Answered . Refusal is serious. Is it bad? Or good?

    It all depends. You really want a DUI/DWI lawyer in your area to help you with this and the trial itself, assuming you did get a DWI charge. . You can lose your license before you even get to court. http://addbalance.com/duitendaywarning.htm

    The field sobriety "tests" are designed so that sober people will fail them, even if they are properly done. Often, they are not properly done. Only someone with expertise in this area can recognize problems with how the tests were done. http://addbalance.com/fieldsobrietytests.htm

    What to do if you are stopped when you have been drinking?
    http://addbalance.com/duistop.htm

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in... more
  4. Joseph A Lo Piccolo

    Contributor Level 20

    2

    Lawyers agree

    Answered . You need an attorney. Your license is at risk for 1 year.
    It is also evidence that can be used in your criminal case.



    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  5. Christopher B. Abbott

    Contributor Level 8

    2

    Lawyers agree

    Answered . There are alot of factors that go into assessing whether or not it was "bad" to refuse. The fact is that you have an allegation of a refusal against you and you are facing a hearing in which you could lose your license. It is very important that you hire an attorney to appear at the hearing as they can try to save your license and it is also an important step in which the attorney can subject the arresting officer to cross examination before the prosecutor is likely to have even spoken to him.

  6. Michael J Palumbo

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . This is a specialized and technical hearing and if you lose the DMV revokes your driving privileges. You should retain counsel immediately to represent you at the proceeding.

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