regina0827
New Member
Someone I know recently got arrested for suspected DUI. The facts of the case at the time of arrest.
- Defendent was on probation for 6 years (He was found guilty on 3 counts of reckless endangerment) He only served 8 of those months before being arrested for DUI
- He refused chemical testing at the time of arrest
- He did not have a valid drivers license
- If convicted for the DUI it would be his 2nd offense
My question is..... Would the refusal to take the test be an automatic probation violation or would he have to be convicted for the new charge first? And if it is an automatic probation violation, with a private attorney representing him what kind of penalty is he looking at?
I'm not sure it this is true but I've heard that you should refuse the chemical testing because it makes it more difficult to convict someone without the BAC results. (even though because of implied consent you do lose your license for one year)
- Defendent was on probation for 6 years (He was found guilty on 3 counts of reckless endangerment) He only served 8 of those months before being arrested for DUI
- He refused chemical testing at the time of arrest
- He did not have a valid drivers license
- If convicted for the DUI it would be his 2nd offense
My question is..... Would the refusal to take the test be an automatic probation violation or would he have to be convicted for the new charge first? And if it is an automatic probation violation, with a private attorney representing him what kind of penalty is he looking at?
I'm not sure it this is true but I've heard that you should refuse the chemical testing because it makes it more difficult to convict someone without the BAC results. (even though because of implied consent you do lose your license for one year)
