Maine Breathalyzer "Refusal"

[Keri_katt]

Maine

Was driving last night and got pulled over for an illegal turn. I had too much to drink, I was in the wrong and I cooperated. I did the field sobriety test and was brought to the station. The officer made me wait 15 minutes while the dinosaur of a machine fired up. I might add that the one he was going to use would not work. I blew into the mouth piece and it was not registering.I was EXTREMELY upset and crying and had to use the restroom so, after my third try I requested to use the ladies room. The officer said no because we would have to wait another 15 minutes after I got back. I told him it was becoming a bit of an emergency and he still wouldn't let me go. I tried the breathalyzer for a fourth time and it still would not register properly and by then I HAD to use the restroom. The officer said that my failure to cooperate was the same as refusing to take the test.


Is this true? I did try and I was very cooperative up until the very end when he would not permit my use of the restroom.

A stretch I know but does anyone have any advice that might help me in court on this one?

I might add that I have never been in trouble before and have a very clean driving record.

Thanks in advance.

 

[Isis1]

Maine

Was driving last night and got pulled over for an illegal turn. I had too much to drink, I was in the wrong and I cooperated. I did the field sobriety test and was brought to the station. The officer made me wait 15 minutes while the dinosaur of a machine fired up. I might add that the one he was going to use would not work. I blew into the mouth piece and it was not registering.I was EXTREMELY upset and crying and had to use the restroom so, after my third try I requested to use the ladies room. The officer said no because we would have to wait another 15 minutes after I got back. I told him it was becoming a bit of an emergency and he still wouldn't let me go. I tried the breathalyzer for a fourth time and it still would not register properly and by then I HAD to use the restroom. The officer said that my failure to cooperate was the same as refusing to take the test.


Is this true? I did try and I was very cooperative up until the very end when he would not permit my use of the restroom.

A stretch I know but does anyone have any advice that might help me in court on this one?

I might add that I have never been in trouble before and have a very clean driving record.
Thanks in advance.

not anymore.

if you hadn't been drinking, do you think you might not have had to pee so bad?

 

[CdwJava]

It is one thing if the machine was broken, another entirely if you were unable to complete the test. It could be that you were (or the officer believed you were) trying to game the machine by providing an insufficient breath sample or trying to blow out the sides of your lips. If the machine was functioning, and every machine I have seen over the last 20 years HAS such a function, then you will know of the device was functioning properly. If your sample was not registering and the machine was working, then you may very well have an official refusal on your record. In addition, you may also have a DUI conviction later on.

You need to consult legal counsel ASAP.

 

[Master Moron]

Maine

Was driving last night and got pulled over for an illegal turn. I had too much to drink, I was in the wrong and I cooperated. I did the field sobriety test and was brought to the station. The officer made me wait 15 minutes while the dinosaur of a machine fired up. I might add that the one he was going to use would not work. I blew into the mouth piece and it was not registering.I was EXTREMELY upset and crying and had to use the restroom so, after my third try I requested to use the ladies room. The officer said no because we would have to wait another 15 minutes after I got back. I told him it was becoming a bit of an emergency and he still wouldn't let me go. I tried the breathalyzer for a fourth time and it still would not register properly and by then I HAD to use the restroom. The officer said that my failure to cooperate was the same as refusing to take the test.


Is this true? I did try and I was very cooperative up until the very end when he would not permit my use of the restroom.

A stretch I know but does anyone have any advice that might help me in court on this one?

I might add that I have never been in trouble before and have a very clean driving record.

Thanks in advance.

Well, now you know that cooperating with the police doesn't help you much. These lessons are usually learned the hard way. How much did you have to drink over what period of time? Did you admit anything to the officer? If you knew you weren't going to be able to pass the field sobriety tests it was a bad idea to take them. Though, actually, if you knew that you had too much to drink, the machine malfunctioning might have been a blessing. Sure, you'll still get your licensed pulled and have to face a dui charge, but for many states you get an additional dui charge if you blow over the legal limit.

 

[Keri_katt]

Well, now you know that cooperating with the police doesn't help you much. These lessons are usually learned the hard way. How much did you have to drink over what period of time? Did you admit anything to the officer? If you knew you weren't going to be able to pass the field sobriety tests it was a bad idea to take them. Though, actually, if you knew that you had too much to drink, the machine malfunctioning might have been a blessing. Sure, you'll still get your licensed pulled and have to face a dui charge, but for many states you get an additional dui charge if you blow over the legal limit.

I had about 6 beers over about 5 hours but I did not eat very much for dinner and I am a 135 lb female. I told the officer that I had 4 and he did not ask me over what period of time.

The machine was very old. I was beyond upset and almost hyperventilating while trying to take the test so it could be a combination of things that preventing it from registering.

I think I need to contact a lawyer here in Maine. I have considered talking to the DA first. I really only need the charge reduced to driving to endanger or something to that tune. I cannot have an oui on my license or I cannot do my second job.

Do you think I will be allowed a work license AND a school license?

Thanks

 

[FlyingRon]

The DA is unlikely to want to negotiate anything with you directly. Get a lawyer and let him handle it. That's your best chance. Everything you say here does nothing to exculpate you (as a matter of fact it incriminates you further, REMAIN SILENT when talking to the police/prosecution).

The "work restricted" license in Maine covers both work and educational movement. However! You are not eligible for the work restricted license as a result of a refusal.

 

[Keri_katt]

The DA is unlikely to want to negotiate anything with you directly. Get a lawyer and let him handle it. That's your best chance. Everything you say here does nothing to exculpate you (as a matter of fact it incriminates you further, REMAIN SILENT when talking to the police/prosecution).

The "work restricted" license in Maine covers both work and educational movement. However! You are not eligible for the work restricted license as a result of a refusal.

What if the charge is dropped to something other than oui? That would essentially delete the refusal, would it not?

 

[FlyingRon]

Nope, if you're suspended for the refusal, it makes no difference whether you were convicted or even charged for anything else.

By the way, you also have to show there is no other means of transport to get it.

 

[ElvinMelvin]

What if the charge is dropped to something other than oui? That would essentially delete the refusal, would it not?

Nope. The refusal would still result in a suspension even if you were tried for OUI and found not guilty.