DUI Refusal & OWI, first offense, DC, need help !

[nico]

Hi, I am french and I have been arrested last thursday for DUI Refusal & Operating WHile Impaired. It is my first offense ever.

It was at around 3 am. The report says:

"...AS the vehicle approached the red light, it slowed down and then entered the intersection while the light was red. The vehicle made a left turn... I activated my emergency equipmentas I pulled from the parking and pulled behind the vehicle..The vehicle made a right trun..I activated my siren to try and get the vehicle to pull over... the vehicle pulled into the parking.." it was my private parking, the story was only on one block i didn t no the cop were after me..."..when I approcahed the vehicle, i could smell a trong odor of alcohol coming from the driver. I identified myself, advised him why he were stopped and asked for his drivers licencse, registration, proof of insurance. I requested for an alcohol certified....When I asked how much he had to drink D-1 stated 2 beers. Athis point officer X administered Standard Field SObriety tests to D1. On the HGN Test all 6 clues were observed. On the Walk and Turn test, D1 missed heel to toe on one step and made an improper turn by turning in the wrongdirection in a ivot action. On the one leg Stand test D1 used his arms to balance and swayed while balancing. An RBT Test was also offered and the result was .149. Based on officer X'observations, S1 was placed under arrest for DUI and transported to the alcohol van for further testing. On thealcohol van D1 was read rights under the district of Colombia Implied COnsent Act and he refused to submit to two chemical tests, D1 refusal was based on the fact that he statesthat he was leaving the country in one week and that he would not sign anything without speaking with an attorney but no phone was avilable for him to use. He further stated that since he drove onto his parking lot, that it was private property and that we could not arrest him. D1 was charged with DUI refusal and Operating While Impaired"

The thing is when they read my rights, as I am frecnh I was not understanding everything so they gave a pink paper to read but I was not undertanding the consequences of blowing or not in the machine. SO i asked to speak with an attorney as I was not understanding my rights. They I had no cell phone so no call. But when they arrets me, they say to give my stuff to my friend so igave everything included my phone. I was arguing on that, the officer put a paper in the machine and said I had 3 min to choose but I was still asking to a call to understand what was happening. After 3 min, I have been charged with DUI refusal and OWI. ( I was not even aware about the diversion program...) so I was upset and I said that I will leave the coutry next week (that was false) and they said they will put me jail and i will see the judge I said ok I want to see the judge to explain my case**************
I have been relaesed after 20 hours without drinking, eating or prevent an attorney.

Bad experience...Anyway I have my hearing this thursday and I would like you to advise me on my case.

Thanks by advance for any help you can give in this bad situation...

Thanks

Nico

[racer72]

Now is the time to hire an attorney of your own. You are in deep doodoo and are looking at jail time.

[Psych]

Nico, go ahead and hire an attorney. Hiring an attorney is a good idea for anyone who is being charged with DUI/DWI/OUI. If this is your first offense, you are most likely not going to face jail time.

[BigMistakeFl]

You don't have the right to speak with an attorney prior to taking the various DUI tests, including blood alcohol content.

Yours is a good case for a DUI defense lawyer.

[nico]

I spoke with may attorney this morning and she told me she spoke with the prosecutor and tried to negotiate the DIversion Program or something else but the prosecutor didn t want to because he spoke the officer who made me do the field sobriety test who said my english was good. SO my attorney told me we have to go for the status hearing in march.
I don t know what to tjink about this decision, is it good or not ?
Thanks for your help

[BigMistakeFl]

It sounds rather typical. The prosecutor feels confident enough with the evidence, that he wants to move ahead with the case. Eventually he may get an offer to your attorney, don't be surprised if that is simply the standard minimum penalties. Your attorney can present an offer, and so it goes. Your attorney may try to say that as a guest here, you had limited understanding of the proceedings or language. That probably won't fly.

First offense DUI cases often do not get to trial.