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  1. #1
    Join Date
    May 2013
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    2

    Default Charged with DUI and Chemical Test Refusal

    My question involves criminal law for the state of: California

    I was arrested for DUI after I crashed another persons car. I was driving alone and nobody else was involved, thank god.

    I can't remember crashing or getting arrested at all. I think I may have experienced some kind of flash knockout when the airbags deployed. I need to see a doctor and find out if I have a concussion because I have been in a lot of pain.

    On my paperwork, where they have all the boxes to check for BAC, they checked the box that says chem test refusal. I don't know why I would refuse, but for some reason I must have. Like I said, I cannot remember any of it. Is there anything I can say about my state of mind after I crashed that would help me with the refusal of chem test?

    I have a clean driving record, and this is my first involvement with DUI. Just looking for any feedback as to what this does to my case. Thanks.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Charged with DUI and Chem Test Refusal

    No...that's sort of the point. If anything, it proves that you were drunk out of your mind.

  3. #3
    Join Date
    Sep 2005
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    California
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    20,395

    Default Re: Charged with DUI and Chem Test Refusal

    Quote Quoting dboy18
    View Post
    I can't remember crashing or getting arrested at all. I think I may have experienced some kind of flash knockout when the airbags deployed. I need to see a doctor and find out if I have a concussion because I have been in a lot of pain.
    That might be difficult to diagnose if a significant amount of time has passed between the crash and the doctor visit.

    On my paperwork, where they have all the boxes to check for BAC, they checked the box that says chem test refusal. I don't know why I would refuse, but for some reason I must have. Like I said, I cannot remember any of it. Is there anything I can say about my state of mind after I crashed that would help me with the refusal of chem test?
    Not much. It MIGHT help if - on the off chance - you can get a doctor to testify that on that date and time you were medically impaired so as not to comprehend the consequences of your actions and that the impairment was NOT as a result of alcohol or drugs.

    You can expect a license suspension, heavy fines, probation, possible jail time for two days or longer.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #4
    Join Date
    Sep 2012
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    1,988

    Default Re: Charged with DUI and Chem Test Refusal

    Adrenaline can wipe out a few seconds of memory, if you don't remember the entire event you were probably blackout drunk.

  5. #5
    Join Date
    Jun 2008
    Posts
    250

    Default Re: Charged with DUI and Chem Test Refusal

    Quote Quoting Dogmatique
    View Post
    No...that's sort of the point. If anything, it proves that you were drunk out of your mind.
    Dont answer unless you have a valid answer


    OP
    I beat a refusal that way. I stated I was to incoherrent to even agree to any test especially with a bac of .21 I argued if a girl is unable to make decisions with a high bac then how am I?

    With a bac of .21 that means:

    Stupor
    Loss of understanding
    Impaired sensations
    Possibility of falling unconscious

    According to bac chart and medical experts

    I argued I was to drunk to understand anything thus why I did NOT refuse but did not understand

    Anyway i beat it

  6. #6
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Charged with DUI and Chem Test Refusal

    Quote Quoting itsjustme
    View Post
    Dont answer unless you have a valid answer


    OP
    I beat a refusal that way. I stated I was to incoherrent to even agree to any test especially with a bac of .21 I argued if a girl is unable to make decisions with a high bac then how am I?

    With a bac of .21 that means:

    Stupor
    Loss of understanding
    Impaired sensations
    Possibility of falling unconscious

    According to bac chart and medical experts

    I argued I was to drunk to understand anything thus why I did NOT refuse but did not understand

    Anyway i beat it


    1. You're a liar.

    2. You don't get to dictate who responds.

    3. See #1 & #2.

    Have a good 'un!

  7. #7
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Charged with DUI and Chem Test Refusal

    Beat what, you admitting to the DUI. I think you are still suffering after effects.


    Quote Quoting itsjustme
    View Post
    Dont answer unless you have a valid answer


    OP
    I beat a refusal that way. I stated I was to incoherrent to even agree to any test especially with a bac of .21 I argued if a girl is unable to make decisions with a high bac then how am I?

    With a bac of .21 that means:

    Stupor
    Loss of understanding
    Impaired sensations
    Possibility of falling unconscious

    According to bac chart and medical experts

    I argued I was to drunk to understand anything thus why I did NOT refuse but did not understand

    Anyway i beat it

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,395

    Default Re: Charged with DUI and Chem Test Refusal

    And beat it with who? The DMV hearing officer? Now, I might be able to believe that. They operate under a different set of rules than a court, and they seem to be a little skittish about things these days. I recently had one rule contrary to case law because DMV policy had been modified as a result of a civil suit a year or so ago. So, they just might cave on a well articulated argument of a lack of informed consent. It might depend on the hearing officer.

    But, when you get convicted later on, the license is still suspended. So, really, you only delay the inevitable when that happens.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  9. #9
    Join Date
    Jun 2008
    Posts
    250

    Default Re: Charged with DUI and Chem Test Refusal

    Quote Quoting Dogmatique
    View Post
    1. You're a liar.

    2. You don't get to dictate who responds.

    3. See #1 & #2.

    Have a good 'un!
    No lie I beat it and I did it without a lawyer. I just read up on what is considered a refusal and focused on those points. Basically I came prepared with evidence that mattered.

    Police officer said when at the LOUD NOISEY jail he asked me to take a blood test, I said huh, and he asked me again and he said I shook my head in a circle kind of but was mute and he took that as a refusal.

    Now in his police report when he pulled me over he said I was incoherrent sluring words bla bla. Well his own words led me to beat the refusal

    So i basically said i was over a bac .21, jail was loud and me shooking my head

    - - - Updated - - -

    Quote Quoting Disagreeable
    View Post
    Beat what, you admitting to the DUI. I think you are still suffering after effects.
    I didnt admit to anything other then the evidence they already had., I was just using their evidence against them. The issue wasnt whether is was drunk or not it was whether I refused sat the jai

    - - - Updated - - -

    Quote Quoting cdwjava
    View Post
    And beat it with who? The DMV hearing officer? Now, I might be able to believe that. They operate under a different set of rules than a court, and they seem to be a little skittish about things these days. I recently had one rule contrary to case law because DMV policy had been modified as a result of a civil suit a year or so ago. So, they just might cave on a well articulated argument of a lack of informed consent. It might depend on the hearing officer.

    But, when you get convicted later on, the license is still suspended. So, really, you only delay the inevitable when that happens.
    Yes with the DMV officer, the police and I was there

    Now the court hearing I was not pressed about. The refusal meant a hard 1 year suspension no restricted. DUI conviction is 3 months suspension.

    End up pleading to the DUI. Had a lawyer from Detroit suburbs. I never should up in court once and plead by mail. Only got a $400 fine thats all license gone for 3 months. Better then the 1 year. I already knew I was getting out that dui with a .22 BAC nor was I trying to lol

  10. #10
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,395

    Default Re: Charged with DUI and Chem Test Refusal

    So, this was in Michigan? The OP in this thread is from CA, not MI.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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