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Is it possible to have a 3rd offense dui charge thrown out when there is no B.A.C due to a refusal?

Mount Pocono, PA |
Attorney answers 5

Posted

It is absolutely possible but you will want to talk with a qualified DUI attorney in the County where this occurred. Please note that you can still be charged and convicted of a DUI even if you refused. There is a lot of other facts that need to be looked at to determine what possible defenses you may have. I would strongly recommend that you talk with an attorney immediately as a 3rd offense within ten years carries serious consequences.

Zachary B. Cooper, Esq.
Levow & Associates, PC
Limited to DUI Defense
484-614-6154--Cell
610-667-5055--Office

Asker

Posted

I have spoken to a few already , I am looking for all the information I can get. Are you far from Monroe County?

Zachary Cooper

Zachary Cooper

Posted

I am not from Monroe County but we do a lot of work there.

Asker

Posted

Would you mind if I faxed or emailed you a copy of the complaint to review?

Zachary Cooper

Zachary Cooper

Posted

That is fine. You can email me at: zcooper@pennsylvaniaduilawyers.com

Posted

I agree with Mr. Cooper ... Get an attorney

Posted

It's possible, but but will take a lot of effort and skill on your lawyer's part. A third offense DUI is very serious. A third offense with a refusal is even more serious. You need the best DUI defense attorney you and your family can afford.

Posted

You should retain a criminal defense attorney with expertise in DUI cases. Thee is a lot at risk so you need a competent attorney.

Posted

Is it possible? Yes, but so many more facts need to be ascertained to determine that likelihood; things such as whether there was erratic driving, field sobriety tests performed and the results thereof, etc... You also need to be aware that the fact that you refused the chemical test is admissible against you at trial; the prosecution undoubtedly will argue that you refused because you knew you were intoxicated. Do not post any further facts here- you need to consult an experienced DUI attorney immediately. Your attorney will be able to cross-examine the officer at the preliminary hearing and discover all of the alleged observations.

This is a response to a general question and is not legal advice and does not constitute legal representation. You should contact an experienced DUI attorney in your area. Thanks.