According to the police report, I was arrested for 148 obstructing an officer and taken to the station where they later booked me for DUI Refusal. But the police report mentions I was initially arrested for obstructing. The citation I was given is for a dui only.
I agree with Mr. Taub - several attorneys have taken the time and trouble to provide you with answers to your question. I realize that you find yourself in a difficult position, but asking the same question again and again will only result in the same answers again and again. Good luck to you with your case.
The answer really depends on which police agency, court, and prosecutor you are dealing with, and even then it would be hard to give a precise answer. The prosecutor gets to elect which charges they choose to file, so even if the police arrest you for one crime, the prosecutor decides which charges to file. They may believe they have a stronger case with the DUI charge rather than the 148 charge. Dismissing the DUI in favor of the 148 seems unlikely, and it would really be a strange "lesser" or alternative charge. You might want to pursue a dry reckless, speed contest, speed exhibition instead of the DUI refusal. You need a lawyer.
The stuff on the citation doesnt really matter. What does matter is what the DA decides to charge you with after reviewing the police report. They may very well charge you with both. Starting talking to some local DUI lawyers as that will be the primary focus here. Don't forget to request a DMV hearing within 10 days from the date of arrest in order to prevent automatic license suspension.
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