There is no such thing. It is purely a matter of negotiation to charge bargain, i.e. for a plea to be based on a different offense than the one changed. The plea mechanics are to amend the charging document to add the obstruction and dismiss the DUI. However, if it is possible to negotiate that result, it will have to be based upon facts favorable to that bargain and you willl likely not have the ability. Hire counsel to try to bargain or win. You know the old adage about representing yourself...
The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.
You need a good defense attorney to help you get the best possible deal or take your case to trial. Refusals and 148's can be won!
Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.
As mentioned by my colleagues, the 148 violation can sometimes be preserved in the police report for bargaining purposes, you should contact an attorney whom is generally familiar with the way the District Attorney charges DUIs and other criminal matters in your County.
It is an issue that needs to be vetted. As a former prosecutor I have seen officers be able to articulate why they did it and there were no issues. In other cases it was a point where the thread began to unravel. You need to contact the best attorney possible to explore the facts of your case.
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