I have my first dui my bac was .13 and i took several breath tests. When i got a hold of the police report the officer charged me with a second dui charge because he says i denied a second test. I looked at the breath results and he filled in my second results as well.
There is a difference between a pre-arrest breathalyzer and a post-arrest ("chemical test") breathalyzer. The pre-arrest is optional and the post-arrest is legally mandatory. If you refuse the post-arrest breathalyzer (and a post-arrest blood withdrawal), the prosecutor can add a "refusal" allegation. You won't be able to fight this, but a lawyer (either a private lawyer or public defender) can fight this for you in court. If you're alleging that the cop falsified the results and want to prove as much, you're probably going to have to be willing to take the case to trial. You should know that you or an attorney only have 10 days from the date of arrest to stop an automatic suspension of your license by the DMV. You should be consulting with attorneys about handling this for you. Use Avvo to find a lawyer. Many of us offer free consultations.
Sorry, but this is not a do it yourself project. Interview and hire an experienced criminal defense attorney to represent you. And if you were charged with And check to see what you have been charged with. If you have been charged with VC 23152 (a and VC 23152 (b), they are two different ways to charge DUI. The sections read as follows: 23152.
(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
If you are charged with a refusal, you need counsel.
I agree with Mr. Ibanez. You need to seek the help of an experienced DUI Lawyer. If you cannot afford one, the court will appoint a public defender.
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