Results 1 to 2 of 2
  1. #1
    Join Date
    May 2010

    Default California DUI and Breath Test Refusal

    My question involves criminal law for the state of: California

    I got pulled over the other day in Los Angeles CA and received a DUI. I have a perfect driving record so I was freaking out and I refused both the breathalyzer and chemical test. I really regret it now because the punishment is so much greater. I also have a year old battery charge on my record that I am currently on probation for. I have contacted the DMV for a hearing about my license. I currently am un-employed and I really don't have any money to spend on a lawyer. I am just not sure if a lawyer will be able to change this situation at all. I really regret not taking the testís, I was hoping I could plead my case alone for the fact that I was confused and did not really know the consequence of refusal. I would just like it if the court/DMV would reduce my charge to the same as if I took the test and got a .08 or higher. I really was not drunk when I got pulled over. I knew I had a drink about an hour earlier and I was afraid that it would show up. I believe I passed the field sobriety test with flying colors but I don't think that matters.

    So my questions are

    Do you only think a lawyer would be able to get this charge reduced, if at all?

    Will my battery charge be a problem? (I already finished my court appointed crap and I was just waiting out the two years probation).

    Have any of you lawyers ever seen a case like this and what happened?

    thanks in advance for your help

  2. #2
    Join Date
    Jul 2010

    Default Re: California DUI and Breath Test Refusal

    Can't speak to your DUI situation but you may have a problem with the previous charge. If you are probation, and one of the conditions was either to refrain from alcohol or not get arrested again, you are in violation. That means they can revoke you, when and if they find out, and possibly put you in jail.

    Seek a local lawyer. Yesterday.

    1. Sponsored Links

Similar Threads

  1. Chemical Tests: DUI With .078 on Official Breath Test
    By bubbley_frog in forum Drunk and Impaired Driving Charges
    Replies: 3
    Last Post: 03-21-2011, 02:15 PM
  2. Chemical Tests: New Jersey DWI Charge with 0.04 Breath Test
    By tua09053 in forum Drunk and Impaired Driving Charges
    Replies: 4
    Last Post: 01-31-2011, 05:42 AM
  3. Minor in Possession: Refusing a Breath Test After an Arrest of a Minor
    By planet1107 in forum Criminal Charges
    Replies: 2
    Last Post: 11-19-2009, 05:47 PM
  4. Minor in Possession: First MIP, Did Not Have Beer but Failed the Breath Test
    By lacane081 in forum Criminal Charges
    Replies: 5
    Last Post: 03-24-2009, 12:43 PM
  5. Chemical Tests: Alcohol Breath Tests for DUI
    By bill2005 in forum Drunk and Impaired Driving Charges
    Replies: 1
    Last Post: 05-26-2005, 08:23 AM
Sponsored Links

Legal Help, Information and Resources