I was arrested for a DUI back in 2013 and was driving with a Breathalyzer in the car from previous DUI charge. I was with a passenger that was intoxicated when I was pulled over for reckless driving. I then was arrested for assumption of drinking because police smelled alcohol in the car. My car was impounded and i was taken to jail for 12 hours. I have a court date a month from now and i need professional advise.
Punishment for refusing a Breath test is state specific and you will have to check with a lawyer in California to see what you may or may not face. I can tell you that you would be in serious trouble in Washington state because the punishment for refusing the take the BA test is a suspension of your license for 1 year without the ability to get an occupational license (to allow you to drive to and from work). Additionally, when you did become eligible to get the license you would have to file a form known as an SR22 which is proof of insurance and if you let it lapse your insurance carrier is required to notify the state and you are immediately suspended again. This goes on for 3 years. It does not matter if you are acquitted of the criminal charge because this is a civil matter.
In addition to the above, your refusal to take the test is allowed to be told the jury in your criminal trial for driving while intoxicated.
This is a criminal charge and you are entitled to have an attorney if you cannot afford one. Take advantage of that or hire your own lawyer. Be sure, if you hire a lawyer, that it is someone who handles DUI cases on a regular basis and is good at their job.
Well, you do need professional advice, you should hire a DUI defense attorney as soon as possible. Because your car had an Ignition Interlock Device in it this is at least a second offense, maybe more and probably a probation violation too (if not for being over .01, then at least for refusing to provide a chemical test), however, all is not lost, if indeed the arrest occurred in 2013 and the prosecution wasn't initiated until now you may have a statute of limitations defense or possible a failure to diligently prosecute defense. In any event, you seem to have possible defenses to the huge problems you currently face, a DUI defense attorney can probably help you. If you are found guilty, or plead guilty to a refusal, your license will be gone for the same number of years as the conviction number; i.e. 2 offense = 2 year suspension. A refusal doesn't allow for a restricted license so, you are not driving the entire time. Further, there is additional jail as a sentencing component for a refusal.
This answer is not legal advice, it may not even be relevant to the question answered, it definitely is does not establish an attorney/client relationship.
Yes, you need a lawyer. Hire either the one you used before or find a lawyer under the Find a Lawyer tab here on AVVO. A refusal results in a one year suspension of your driver's license,
The refusal alone results in your license being suspended for one year. It gets worse from there. Retain counsel without further delay.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
You really need a lawyer ASAP. A second offense DUI is very serious.
The fact that you had an IID device in the car could be very powerful evidence that you had no measurable amount of alcohol in your blood because if the device was in proper working order it would not allow you to start the car or continue driving without logging a violation.
Those of us who concentrate on DUI offenses, including myself, will give you a free consultation. You really have nothing to lose by reaching out.
Which courthouse is your case in?
Troy Slaten, Esq.
I posted a Legal Guide on DUI's and if a Refusal is charged. Hope these help... http://www.avvo.com/attorneys/95003-ca-ryan-murphy-299789/guides.html
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