You need to speak with an experienced DUI lawyer. It is possible to find out down to the milliliter how much if s breath sample you provided. This, along with other information that the lawyer can help you gather may be the difference. MVA penalty for refusal is either 120 day straight suspension or interlock for a year.
You will not need to go back through the MVA testing process once the suspension is completed.
The MVA Hearing and court case are completely separate. Contact me and I will give you a link for a free book on the subject.
It shouldn't, but then again it's complicated. An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial. Consider seeking a confidential consultation.
Information in the reply is provided as a public service. It is neither a comprehensive statement of the law nor legal advice, and no one should rely on it as such. If you have a legal problem or question, you should consult with an attorney, who can investigate the particular circumstances of your situation. Responding to a post does not constitute legal representation. I am not your lawyer, until we make an agreement and I receive my fee. Beware that posts and replies are not confidential. Anyone can read them.
Ina suspension hearing, there are issues to raise to respond to the MVA's assertion that your refusal was "volitional" Ordinarily, you do not have to take the written and driving test after the 120 suspension, but every case and license situation must be reviewed on its own. You should speak to an experience attorney prior to making this decision
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There is a significant difference between an MVA hearing and your Criminal hearing. MVA hearings are administrative hearings that rely on a significantly lower burden of proof - preponderance of evidence. Whereas your Criminal hearing, the burden of proof is "beyond a reasonable doubt." That said, this is a significant citation(s) and one that absolutely requires the assistance of an attorney. No matter how much you read, your analysis of case law is not the same as an attorney. The maximum penalty for a DUI (21.902.a1) is a year and/or $1000.00 fine - which will likely result in the State seeking enhanced penalties. That alone should open your eyes to just how serious a situation you have found yourself in. Don't go at this alone.
There is plenty more to discuss concerning this situation and I would be happy to assist you further. Please feel free to reach out to me, at your convenience: (301)455-9513
Seth R. Okin, Esq.
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