The stuff on the citation doesnt really matter. What does matter is what the DA decides to charge you with after reviewing the police report. They may very well charge you with both. Starting talking to some local DUI lawyers as that will be the primary focus here. Don't forget to request a DMV hearing within 10 days from the date of arrest in order to prevent automatic license suspension.
Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.
You have asked this question already. Asking this question again is not going to yield different results.
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.
I agree with Mr. Taub - several attorneys have taken the time and trouble to provide you with answers to your question. I realize that you find yourself in a difficult position, but asking the same question again and again will only result in the same answers again and again. Good luck to you with your case.
This answer is for general informational purposes only and shall not constitute legal advice. I have answered a question on a public forum which does not establish any attorney-client relationship. For a more detailed legal analysis you should consult with a legal professional in your area.
The answer really depends on which police agency, court, and prosecutor you are dealing with, and even then it would be hard to give a precise answer. The prosecutor gets to elect which charges they choose to file, so even if the police arrest you for one crime, the prosecutor decides which charges to file. They may believe they have a stronger case with the DUI charge rather than the 148 charge. Dismissing the DUI in favor of the 148 seems unlikely, and it would really be a strange "lesser" or alternative charge. You might want to pursue a dry reckless, speed contest, speed exhibition instead of the DUI refusal. You need a lawyer.
Sign up to receive a 3-part series of useful information and legal advice about DUIs.