bad luck

[dirtbug]

So I was recently charged with a dui about a month ago, then 2 weeks later I was pulled over and passed the sobriety tests but was asked to then take a breathalizer and i refused the test which led to me being charged with another dui.. I need some advice on what to do in this situation and if it could possibly be reduced and what the punishment could be for this

 

[CdwJava]

So I was recently charged with a dui about a month ago, then 2 weeks later I was pulled over and passed the sobriety tests but was asked to then take a breathalizer and i refused the test which led to me being charged with another dui.. I need some advice on what to do in this situation and if it could possibly be reduced and what the punishment could be for this

What state are you in?

What was the first offense (statute number)? What was the second offense (statute)?

Starting with some alcohol counseling probably could not hurt as it might show the DA and the court that you are serious about addressing what seems to be a problem.

 

[dirtbug]

So I was recently charged with a dui about a month ago, then 2 weeks later I was pulled over and passed the sobriety tests but was asked to then take a breathalizer and i refused the test which led to me being charged with another dui.. I need some advice on what to do in this situation and if it could possibly be reduced and what the punishment could be for this.. Also this is in North Dakota

 

[dirtbug]

Its in North Dakota, I dont see anything about statutes on the tickets.. where would i find them?

 

[CdwJava]

Its in North Dakota, I dont see anything about statutes on the tickets.. where would i find them?

If not on the cites then they will likely be provided on the court documents after arraignments.

I doubt that the refusal to blow got you charged with DUI, it is likely the officer's observations and your performance on any FSTs that would have.

I doubt there is much reason for the DA to drop the charges, so that is likely out the window. What you need now is an attorney. Then, you might also consider those alcohol classes and counseling so as to avoid even more problems. It was not bad luck that got you busted, it was your drinking and driving.

 

[dirtbug]

all it says on the tickets is drove under the influence of alcohol for the first one and the second offense says drove or in actual physical control of a motor vehicle while under the influence of alcohol or drugs and or with ac of .08 or greater.. and if it were me failing the tests it would be kind of odd for him to say i passed them and to take a breathalizer to be sure.. either way i know a lot of people in this state in the exact same situation that have gotten the charges reduced to wreck less driving or something around that area. once u refuse the breathalizer its an automatic dui and u lose ur license for up to a year regardless from what the cop told me. and yes it was my drinking and driving that got me into this I'm not denying that I was just looking to find some advice and maybe some info on what the penalty would be

 

[FlyingRon]

First off, everybody thinks they passed the FSTs.

A cop is not required to tell you the results of his observations.
The fact that you "successfully" completed the test just means successful for his purposes (that he has made the observations he will need to testify to later).

Absent being able to show by chemical test you were at or above the per se (.08) limit, they will need to show by testimony of the witness (the officer) that your driving and your behavior after the stop showed you were intoxicated. While even that is a tough nut to crack, I've seen lawyers prevail.

The license suspension is a completely different issue. You were screwed as soon as you refused the test. Absent some glaring procedural error (like no probable cause for the stop or failure to give you the prescribed warning on the refusal) you will have your license suspended administratively (he took it on the spot didn't he)?

The refusal itself can be used in the court case against you for the DUI.

I take it you haven't been to court on the first charge yet?
If you did you're really in deep doodoo.

As stated, you need a lawyer. Perhaps you can find one that will give you a quantity discount.

 

[commentator]

Twice in two weeks. Wow. I would, if I were going to represent you...and incidentally, you desperately need a lawyer, even if you are going to throw yourself on the mercy of the court. This is a life changer, so invest the money, even if you have to really dig for it. But anyhow, if I were representing you, I'd strongly advise you to get yourself into some sort of a and d treatment BEFORE you go to court. This will show you acknowledging a problem, and being proactive about taking responsibility and trying to make sure it does not happen again.

If you go in representing yourself , take no responsibility, do not agree you have any problems and try to argue these silly things like, "Well, I've known other people who got off on charges like these" and "But he told me I had passed my other test" you're going to be stunned by the reaction of the court officials. They've heard it all before. This wasn't bad luck, you have a drinking and driving problem.

However they are supposed to look at it, being human, judges often perceive that people who refuse these tests are first of all, guilty and second, think they're smart. They tend to really come down on them. As Ron says, he's seen some lawyers prevail, but I bet he hasn't seen a lot of unrepresented clients manage it.

 

[Antigone*]

I also suggest that the OP stop drinking and get help. This is definitely a problem that he/she needs to resolve. This absodanglutely has nothing to do with luck.