Is it possible to have a 3rd offense dui charge thrown out when there is no B.A.C due to a refusal?

Asked over 1 year ago - Mount Pocono, PA

The only evidence is your standard glossy eyes, smelled of alcohol and slurred speech.

Attorney answers (5)

  1. Zachary Cooper

    Contributor Level 13


    Lawyers agree

    Answered . It is absolutely possible but you will want to talk with a qualified DUI attorney in the County where this occurred. Please note that you can still be charged and convicted of a DUI even if you refused. There is a lot of other facts that need to be looked at to determine what possible defenses you may have. I would strongly recommend that you talk with an attorney immediately as a 3rd offense within ten years carries serious consequences.

    Zachary B. Cooper, Esq.
    Levow & Associates, PC
    Limited to DUI Defense

  2. Matthew Paul Scheitrum

    Contributor Level 10


    Lawyers agree

    Answered . It's possible, but but will take a lot of effort and skill on your lawyer's part. A third offense DUI is very serious. A third offense with a refusal is even more serious. You need the best DUI defense attorney you and your family can afford.

  3. Robert C. Keller

    Contributor Level 20


    Lawyers agree

    Answered . You should retain a criminal defense attorney with expertise in DUI cases. Thee is a lot at risk so you need a competent attorney.

  4. Robert Bond

    Contributor Level 10


    Lawyers agree

    Answered . I agree with Mr. Cooper ... Get an attorney

  5. Robert John Schefter Jr.


    Contributor Level 5


    Lawyers agree

    Answered . Is it possible? Yes, but so many more facts need to be ascertained to determine that likelihood; things such as whether there was erratic driving, field sobriety tests performed and the results thereof, etc... You also need to be aware that the fact that you refused the chemical test is admissible against you at trial; the prosecution undoubtedly will argue that you refused because you knew you were intoxicated. Do not post any further facts here- you need to consult an experienced DUI attorney immediately. Your attorney will be able to cross-examine the officer at the preliminary hearing and discover all of the alleged observations.

    This is a response to a general question and is not legal advice and does not constitute legal representation.... more

Related Topics


The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

27,201 answers this week

3,321 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,201 answers this week

3,321 attorneys answering