Hire an attorney or use a court appointed one for DUI/OVI charge?
20 years old male was stopped after leaving a house party. Police man claimed the guy made an improper turn and didn’t use turn signal. The guy did in fact use turn signal and did make a proper turn. Police man insists he saw what he saw even though he was driving in front and well ahead of the guy. The police man pulled a double u-turn to get behind the guy and follows him for a good distance before pulling him over. Police asked the guy to step outside because he smelt alcohol and saw red eyes. Police man asked the guy if he had been drinking. The guy said no. Police asked guy to do a few field sobriety tests. It looked like the guy did very well in the tests and did not appear drunk but the police insists that he was drunk and had fail the tests. The police man asked guy to take breathalyzer and the guy refused. Upon refusing the police puts handcluffs on guy and took him to the station to fill out paper works and charged him with DUI and then the police drove guy home.
What will the outcome of this man’s case be?
if you refuse a breathalyzer you will lose your license as you will be assumed guilty
He will be convicted of DUI.
I have dealt with numerous cases like this. Everyone says they passed the Sobriety Tests, even people who aren’t close to sober.
I have never had one legitimate sober person refuse the breath test.
It doesn’t matter which kind of attorney you get, just get one.
You will lose your license for the amount of time specified by your State and that is “before” you are either found guilty or not guilty. As far as an attorney, if there is any way you can afford one, you will not be appointed one by the court. This includes being able to sell things to get the money.
The officer needs two things to ask him to submit to testing. Blood shot eyes, and smell of alcohol is enough to ask. He will be convicted of DUI and should hire an attorney. His DL will be suspended for a year, and an additional year restricted with an interlock Breathalyzer (If this is his first DUI). He might have had a chance if he refused all road side tests. Since he did some, and the error limit is low he is screwed. DUI is Driving under the Influence…..DWI is Driving While intoxicated. They have proof with red eyes and the smell to charge.
use whatever attorney you want and stay out of trouble in the future.
Get a criminal defense attorney. Refusal will be charged with DUI and will enhance the charges + he will lose his license for a longer period of time then if he had just gone ahead and cooperated. There’s also the age issue. In my state, under 21 requires not a drop. So, that will be an additional charge. A good defense lawyer can minimize penalties. In the meantime, as I tell everyone….he should do himself a favor and seek an assessment of his alcohol use, treatment and AA at least three times per week. This will be good for the case as well as the person.