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Old 07-09-2005, 06:53 PM
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Join Date: Jul 2005
Posts: 1

Officer's mistake- did not refuse breathalizer


What is the name of your state? Maryland

I was arrested last night and recieved a DUI/DWI and DWI per se. On one of the forms a box is checked saying that I refused to take a breathalizer test when in fact I was never offered it. They gave me numerous field tests but did not mention the breathalizer. My parents upon arrival of the scene (I crashed my car into a guard rail hurting no one thank god) were also told by the police that I refused the test. There must have been a misunderstanding here. There is no reason for me to have done this and I did not black out or anything so it's not like I am missing pieces of the evening ( I remember the entire thing). The officers were friendly and I we were talking, and laughing on the whole ride to the station and I even told them that I would like to take the breath test so that could know what my blood acohol level was. If I had refused at the scene, wouldn't they have said something then when I offered? They didn't and this was literally a few minutes after we left the scene of the accident. I took the test at the station.

I just don't want to run into further problems when it comes time to go to court but I also know it's my word against theirs. Does it make a difference? I would have been arrested regardless since I was way over the legal limit anyway.
  #2  
Old 07-10-2005, 02:21 AM
Senior Member
 
Join Date: Apr 2005
Posts: 1,140
Quote:
Originally Posted by Karma1976
were also told by the police that I refused the test. There must have been a misunderstanding here.

I took the test at the station.
.
Scroll down, and read the thread titled "PA DUI". It might answer most of your questions

Or click:

[url]http://forum.freeadvice.com/showthread.php?t=257051[/url]
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