Alcohol & Drugs: DUI, DWI Dui

[flip004]

I was driving someone home who was intoxicated. I had 1 drink about 20 min prior to being charged and refused to blow. I was not pulled over for anything. I was sitting at a gas station calling the other person's roommate to come pick her up and officer approached my vehicle and asked what I was doing (from the passenger side). I explained and he took my license to run. Upon returning to the vehicle he demanded that I get out. He said that he smelled alcohol on me (from the passenger side) and requested breath test. I refused simply because I did not feel like he had any reason to charge me and I do not feel that BACs are accurate. I have never had any other charges. I have an attorney but am seeking advice on whether or not I can win at trial or should I just take an adjudication which requires a $1200 DUI class in addition to the other fines and costs.

 

[raskalnikov]

Don't know about 'bama, but it sounds like you should fight it. If you refuse the breath test, the officer usually needs to get a warrant to forcibly draw blood from you.

Plus, did he ask you to do field sobriety tests?

 

[CdwJava]

Did you subsequently take a test after the arrest? What was the BAC?

If you refused any chemical test after you were arrested, you may very well lose your license for a while.

- Carl

 

[jharris352]

I think you have a winning case. He had no probable cause on you. He was harassing you when he should have been glad you were taking the drunk person home. If you failed or refused to take the blood test at the station you are in trouble. The Breathalyzer is not mandatory.