DUI Refusal...or Is it??

[Rendez.vous]

What is the name of your state? NC
I was pulled over in December last year and given a breathalizer test which i blew a .14 from the troopers instrument. It was impossible that I could have blown that anyway i get downtown to the station and they hook me up to the machine and im attempting to blow in the machine and it didnt read the first couple times. The officer becomes tired of waiting and LEAVES? Now the DMV has me suspended for a year for refusal to take a chemical test??

[gawm]

Why was it impossible for you to blow .14?

[CdwJava]

Failure to complete the test is generally deemed a refusal.

If it didn't read after a couple of tries you probably tried to trick the machine. Obviously the officer wasn't in the mood to play games. If you want to counter the contention that you tried to screw with the machine, then you will likely need a doctor to confirm that you are incapable of blowing properly.

- Carl

[gawm]

Originally Posted by CdwJava

then you will likely need a doctor to confirm that you are incapable of blowing properly.

- Carl

I had a girlfriend with that problem.

[Rendez.vous]

I asked the officer to be patient with me as i do sometimes have problems breathing. i have apnea which is a slight breathing condition. i dont get how you can trick a machine? nonetheless i went to court and my lawyer has it continued til April. in the meantime he wants me to take a drug & alcohol assessment to try and help with the case. If u didnt refuse the 1st two times in the squad car, why would u refuse the next set at the station all that can do is help you at that point. regardless u r going to jail and regardless you are losing your license for at least 30/dys if you blow over a say .08 in the car. i just want my license back because i didnt refuse anything

[Rendez.vous]

Originally Posted by gawm

I had a girlfriend with that problem.

well i guess u have to put special emphasis on HAD lol

[justalayman]

Originally Posted by Rendez.vous

I asked the officer to be patient with me as i do sometimes have problems breathing. i have apnea which is a slight breathing condition. i dont get how you can trick a machine? nonetheless i went to court and my lawyer has it continued til April. in the meantime he wants me to take a drug & alcohol assessment to try and help with the case. If u didnt refuse the 1st two times in the squad car, why would u refuse the next set at the station all that can do is help you at that point. regardless u r going to jail and regardless you are losing your license for at least 30/dys if you blow over a say .08 in the car. i just want my license back because i didnt refuse anything

Well if you tried to claim the same thing as you are telling us here, I'm not surprised the cops gave up.

How do you claim that apnea caused you some problem blowing into a breath analyzer. Apnea is a breathing problem but it is while you are sleeping. Apnea is when you stop breathing. Obstructive apnea is where the tissues in your throat block the airway and basically suffocate you. Then there is central sleep apnea. This is where you just stop breathing for a period of time.

Both of the types of apnea are only diagnosable while you are sleeping.

So tell us how apnea affected your ability to blow.

[CdwJava]

Originally Posted by Rendez.vous

I asked the officer to be patient with me as i do sometimes have problems breathing.

In that case, you should have asked for blood or urine if those options were made available to you had committed to a breath test, you were legally obligated to complete it or face the consequences.

i dont get how you can trick a machine?

You can't really do it - but many people try. A common method is to only wrap your lips partially around the tube allowing a lot of air to escape and thus give the impression that you are trying ... it doesn't work because it's obvious, but when people are impaired they often think they are being sneaky when they are, in truth, quite clumsy.

If u didnt refuse the 1st two times in the squad car, why would u refuse the next set at the station all that can do is help you at that point.

Actually, it happens with some frequency. Very often people realize that the one in the field was for the FST but the one at the station is for evidence, so they refuse ... HOPING they can concoct a good story or get off with only a suspension and not a conviction.

regardless u r going to jail and regardless you are losing your license for at least 30/dys if you blow over a say .08 in the car. i just want my license back because i didnt refuse anything

Under the law, you did. At this point it will likely be incumbent upon YOU to prove that you were medically incapable of blowing. Also, if you were given a choice of chemical tests and YOU chose breath, you may be out of luck.

- Carl

[gigungle]

ever for once have you thought that somebody is telling the truth? What, you people think that the people that post to these forums are trying to slip a fast one on you? Obviously you have all spent a little to much time in the courtroom or have lost all faith in humanity.
Take a look at the justice system, I don't blame you.

[justalayman]

Originally Posted by gigungle

ever for once have you thought that somebody is telling the truth? What, you people think that the people that post to these forums are trying to slip a fast one on you? Obviously you have all spent a little to much time in the courtroom or have lost all faith in humanity.
Take a look at the justice system, I don't blame you.

If the OP wants people to believe them, then they need to give a reason as to why they could not blow for the breath analyzer. I am very intimately involved with apnea, both types. Neither of them would cause you to not be able to blow.

Now while the OP may be generally truthful here, they have been less than forthright concerning why they couldn't blow.

Additionally many posters come here for answers to the question of, "how do I circumvent the laws?" Those with stories like this often are seeking this type of advice. Also realize that if the OP blew a .14 on scene, he was pretty toasted and may very well not remember things as they actually happened.

[Rendez.vous]

well i must not have been too toasted if i thought to whip out my camera phone and make a full length dvd out of it. my attorney wants me to bring that to court as well because i told him i showed no clues. of course u all will say i did or smelled of alcohol as most of you are attorneys or law enforcement members. but my case will come up in April and i will have my day in front of the judge. i will however be going to an alcohol assessment to help my case out just a little not exactlu admitting guilt but at least a sign of doing something to impress the judge that I am serious about this case

[Shay-Pari'e]

Originally Posted by Rendez.vous

I asked the officer to be patient with me as i do sometimes have problems breathing. i have apnea which is a slight breathing condition. i dont get how you can trick a machine? nonetheless i went to court and my lawyer has it continued til April. in the meantime he wants me to take a drug & alcohol assessment to try and help with the case. If u didnt refuse the 1st two times in the squad car, why would u refuse the next set at the station all that can do is help you at that point. regardless u r going to jail and regardless you are losing your license for at least 30/dys if you blow over a say .08 in the car. i just want my license back because i didnt refuse anything

Right here, you are refusing your own laywes's orders, that could have helped you.

How educated are you? Seriously, you are playing dumb with your case.

[BigMistakeFl]

I'm amazed that you were able to keep your phone while in jail after being arrested. Normally, everything on you is confiscated and stored, and you get to keep pretty much only your clothes.

[CdwJava]

Originally Posted by Rendez.vous

well i must not have been too toasted if i thought to whip out my camera phone and make a full length dvd out of it. my attorney wants me to bring that to court as well because i told him i showed no clues.

And how is your cell phone camera going to show whether you did or did not exhibit any "clues" in the FSTs?

And do you even KNOW what "clues" we are looking for during a specific test?

of course u all will say i did or smelled of alcohol as most of you are attorneys or law enforcement members. but my case will come up in April and i will have my day in front of the judge.

Well, you DID blow a .14 in the field ... so my guess is there was SOME reason for the officer to make the arrest.

i will however be going to an alcohol assessment to help my case out just a little not exactlu admitting guilt but at least a sign of doing something to impress the judge that I am serious about this case

What, exactly, is an "alcohol assessment"? If it's counseling, then good for you. And it might help. If it's something else, then I don't know what good it might do.

- Carl