Good Evening, I was arrested early this morning on a DUI in Dupont Circle. I refused to take field sobriety tests and was given a breath test right when I got to the station. The cop did not give me a score. What am I looking for in terms of serving time? Thank you!
You did the right thing in refusing to take field sobriety tests. The only true evidence they may have now is the breath score. Some police agencies provides the scores after your arrest, and others do not. But you should not read anything into the fact that you did not get a score. Generally, first time offenders do not receive jail, UNLESS you are convicted on a breath score of at least .20. If you have a prior offense, you also could be facing jail time. But first offenders with breath scores under .20 and absent any horrible facts will not go to jail.
A lawyer can obtain the BAC score, or you will likely get the paperwork on it at your arraignment, which I assume is coming up right away. You should obtain a lawyer as soon as possible. The BAC score can be determinative of many potential outcomes, because the prosecutor and court uses arbitrary reading levels to decide on what deal to offer and what potential sentence to impose. A BAC over .20, if convicted, will result in some days in jail for most offenders, while lower than that you won't get any jail, and if below a certain level, you can qualify for a diversion program without a guilty finding or conviction. However, because you refused the stupid human tricks (sorry, field sobriety tests), the officer will have to base his probable cause for arrest on his general visual observations of you. Typically, the officer will exaggerate his/her observations, especially in a case where you refused to perform the SFSTs, so any trial will be focused on these observations (erratic driving, strong odor of alcoholic beverage, bloodshot watery eyes, flushed face, slurred speech, unsteady on your feet, swaying and holding onto things to maintain balance, admission to consuming alcohol, etc.). Obviously, we won't know what the officer wrote in the incident report until discovery is provided by the government, so you need to get on this quickly and retain counsel so the facts and allegations can be investigated. Many things can happen, good and bad, but you should be able to get through this with minimal damage.
Contact a local DUI lawyer for a free consultation..................
I am licensed attorney who focuses on Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
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