My son was stopped late at night on week day (no apparent reason / just a sting) and smelled of alcohol. He was drinking. The officer told him to take a breathalizer and he refused but asked for a blood test. The officer asked again - same answer. My son was taken in the squad car (no cuffs or rights read) and his car was towed. Once at the police station (with tape recorder going) they asked again to take the breathalizer. He refused and asked for a blood test.
The officer made it clear - are you refusing breathalizer - my said yes - and asked what could happen by refusing. The office said refuse and I'll tell you. My son refused but the officer said nothing. He called me and he was able to come home. When he checked out he was given notice that his license was revoked because he refused to be tested.
He has a citation for 3rd degree DUI and reports to court in 3 weeks.
This is complicated by the fact that last Feb. he was cited for underage consumption while driving and blew 0.04. The charge was reduced to a minor underage consumption and he is currently on probation.
This is serious - what are legal implications. He has very little money - public defender?
Would he be able to get a conditional license so he can still get to work and school?
Thank you in advance for your help!
The officer made it clear - are you refusing breathalizer - my said yes - and asked what could happen by refusing. The office said refuse and I'll tell you. My son refused but the officer said nothing. He called me and he was able to come home. When he checked out he was given notice that his license was revoked because he refused to be tested.
He has a citation for 3rd degree DUI and reports to court in 3 weeks.
This is complicated by the fact that last Feb. he was cited for underage consumption while driving and blew 0.04. The charge was reduced to a minor underage consumption and he is currently on probation.
This is serious - what are legal implications. He has very little money - public defender?
Would he be able to get a conditional license so he can still get to work and school?
Thank you in advance for your help!
