Alcohol & Drugs: DUI, DWI DUI Help C

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jpham55

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I recently was pulled over and failed the field sobriety test (i was unclear and closed my eyes during the straight line part which messed me up) and then taken in for a breathalyzer. I took the breathalyzer and the results came back inconclusive. I then refused to take a blood test because in the past I would get panic attacks while getting my blood drawn...which got blood everywhere. This resulted in my license being taken away but I'm just wondering how this would all look like in court?

Thanks for any help
 
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I am guessing that they were unable to get a good blow from jpham55 either because of an attempt to manipulate the device, or, due to excessive mouth alcohol. There are a number of ways that people TRY to fudge the machine.

- Carl
 
Its in Colorado, the reason they said it was inconclusive was because I had low blood sugar and might have diabetes.
 
Diabetes is a reason for you to not allow them to take a blood test. . .

Get a good attorney, you may be able to walk away from this. . .
 
How would the possibility of diabetes and low blood sugar effect a breath test? That's news to me.

Raskal, the OP did not argue against the blood test because of diabetes (which would not generally be a legal reason to refuse, at least in my state), but instead because he had "panic attacks". In any event, I suspect that this is going to be a refused test and will likely result in a license suspension no matter how the DUI case might turn out.

And, remember, they still have the potentially "failed" FSTs to go with as well. The chemical test may not be necessary for a conviction, and the inability or refusal to complete the mandated chemical tests can likely be brought up as consciousness of guilt.

- Carl
 
Thanks for the replies. I'm aware that I may get license suspension because of refusal to take test which is why I scheduled a hearing so I can show the DMV my medical history of panic attacks. This may be a futile attempt but its worth a shot. As for the DUI in court I cannot afford a lawyer as I only make 12g's a year and I'm just wondering what kind of plea bargain I could get with a PD (if any) for this because they have no B.A.C on record and it is a first offense. Thanks again for your help.
 
What state are you in? In my state you might be offered a plea to a wet reckless which is something less than a DUI, but still counts as a prior for future DUIs. If you are not in CA I suspect there are similar offers that can be made.

Even with a history of panic attacks, the breath test was still offered and not completed, so a refusal might still be on the table as far as that goes. Whether your state allows for a restricted license in this situation, I cannot say. In CA you can ask for one provided you can show a critical need to drive.

- Carl
 
I'm in Colorado. I'm seriously considering getting a lawyer because I think I'll get fired if I get charged with a DUI. No one is going to believe that I had my eyes closed in the roadside test but that doesn't even make a difference. I feel like I do deserve punishment for being a complete idiot and driving that night in the first place, but I really don't want this to ruin my career. Would I be able to plea bargain this down from a DUI or should I get a lawyer and see what I can do?
 
Even if a plea to a lesser offense is possible, I would not consider doing it without legal representation. Yes, you really should consult legal counsel. I suspect something can be done to minimize - but not eliminate - the damage.

- Carl
 
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