Is this true

[qwerty17]

What is the name of your state (only U.S. law)? IL

My son received a DUI over the weekend for a red light violation. He did not blow or do any field tests, and there was no accident. We have consulted with an attorney. He stated that it is very hard for the state to prove the case without the breath test or the field tests. Is this true? Should we take it to trial? What is the likely outcome. The cop writes 60% of the towns DUIs. He did get a little lippy with the cop.

[Zigner]

Originally Posted by qwerty17

What is the name of your state (only U.S. law)? IL

My son received a DUI over the weekend for a red light violation. He did not blow or do any field tests, and there was no accident. We have consulted with an attorney. He stated that it is very hard for the state to prove the case without the breath test or the field tests. Is this true? Should we take it to trial? What is the likely outcome. The cop writes 60% of the towns DUIs. He did get a little lippy with the cop.

His BAC was measured at some point, right?

[FlyingRon]

How old is he? If he's under 21 and there are any signs of consumption, then they aren't likely to need FSTs or chemical tests.
By "did not blow" do you mean he refused or did they not ask him to do so?
The attorney is your best bet to get this handled with a minimum of problems. Note that there are administrative suspension hearings that are kicked in to play in addition to the court case.

[qwerty17]

He refused all tests, so he is going to be hit with a 1yr suspension . He is 22 yrs old. He was brought to the station observed and released to me an hour later. I guess in Illinois you can refuse testing but you are hit with a 1 yr suspension and you need a BAIID device. The attorney said they do not have any drive video or evidence to prove their case without the brath machine

[Dogmatique]

Originally Posted by qwerty17

He refused all tests, so he is going to be hit with a 1yr suspension . He is 22 yrs old. He was brought to the station observed and released to me an hour later. I guess in Illinois you can refuse testing but you are hit with a 1 yr suspension and you need a BAIID device. The attorney said they do not have any drive video or evidence to prove their case without the brath machine

A refusal is virtually always going to result in an automatic suspension.

(and for good reason)

[BigMistakeFl]

With an attorney, he can discover what other evidence they have against him. However, refusal can be presented as implication of impairment. If refusing tests meant cases were easily thrown out, there would be lots more of us who prevailing after having chosen to refuse testing. It doesn't work that way often. There will be cop testimony, the original traffic violation, and any other witnesses or evidence they come up with.

[paguy88]

If refusing tests meant cases were easily thrown out, there would be lots more of us who prevailing after having chosen to refuse testing.

I don't agree with this. Msot think if the comply with the cops everything will be ok. We don't realize that the cop is conducting the investagation while you are giving him evidence FST blood breath ect....

SHoot most don't understand the law and realize you do not have to do the FST's. How many posts do we see saying they are not even sure they got arrested because no mirandia rights were read? too much TV

It's mroe so a matter of not being educated what the law is.

If I was drunk. and I was a muli time offender. I would refuse everything( not with standing a accident)... 1 year loss of a DL for the refusal from the DMV. or 2 year loss of DL plus a convition on my record and some jail time... You do the math, maybe a cop that is really good would still get a convition via testamony? I don't know but by refusing everything I just made the DA's case more difficult.

[CdwJava]

When we get a refusal we just force the blood. That way he gets a suspension for the refusal and we get our evidence anyway. But, not every agency will force blood on non-felonies.

In this case, he will suffer the administrative penalties for the refusal to take a chemical test, and that refusal can likely be used against him at trial as consciousness of guilt. How strong a case the state has is something that we cannot answer.

Hopefully your son has learned form this and will not drink and drive again. If he has simply discovered that this is a good way to get out of trouble and intends to continue to risk the lives of others, then ... well, let's just say I have been scraping up the body parts of victims of people like that for the better part of 18 years and I hope he has learned from this.

- Carl

[BigMistakeFl]

Originally Posted by paguy88

I don't agree with this. Msot think if the comply with the cops everything will be ok. We don't realize that the cop is conducting the investagation while you are giving him evidence FST blood breath ect....

SHoot most don't understand the law and realize you do not have to do the FST's. How many posts do we see saying they are not even sure they got arrested because no mirandia rights were read? too much TV

It's mroe so a matter of not being educated what the law is.

If I was drunk. and I was a muli time offender. I would refuse everything( not with standing a accident)... 1 year loss of a DL for the refusal from the DMV. or 2 year loss of DL plus a convition on my record and some jail time... You do the math, maybe a cop that is really good would still get a convition via testamony? I don't know but by refusing everything I just made the DA's case more difficult.

Well, I might not like the way it works either. But I have a feeling "refusals" are prosecuted with passion so that refusing to be tested does not get us off the hook with ease. So that refusing is not a "get out of jail free" card, they force us to contractually agree in advance to the terms of implied consent when we apply for a license.

I can't find statistics to back this up, but I would bet few get their cases thrown out because they refused and managed to dodge the DUI conviction.

[qwerty17]

The attorney never said it would be easy. We will go to trial. He does not think the state will have enough evidence to convict. He said he will question the stop and since he did not blow they will not have enough evidence.

[CdwJava]

Originally Posted by qwerty17

The attorney never said it would be easy. We will go to trial. He does not think the state will have enough evidence to convict. He said he will question the stop and since he did not blow they will not have enough evidence.

So ... has he learned his lesson, or does he simply believe he figured out a way to try and dodge a DUI?

- Carl

[qwerty17]

I hope he has learned a lesson, but he is only 22. The whole process has been quite insightful for me as well. I have learned alot about the DUI process. I know if I was ever pulled over and had been drinking, I would not do any field test or breath test. If they suspect you of drinking they are going to arrest you anyway. Especially if the cop is on a DUI mission which my son's is.

[pfed]

Just read about your case. It sounds alot like mine but I am fighting upstream because it is my 2nd one so I must win my case. Hope your son turns out for the best. Good Luck

[BigMistakeFl]

The only reason I can think of for refusing the BAC tests is if you are poop-faced and certain that your alcohol content is very high.

Refusal is not a "get out of jail free" card. My tea leaves predict that this case will settle for the first offer the prosecution makes, which will be standard first offense penalties. I see no trial in his future, at least not for this case.

[cyjeff]

Originally Posted by qwerty17

I hope he has learned a lesson, but he is only 22. The whole process has been quite insightful for me as well. I have learned alot about the DUI process. I know if I was ever pulled over and had been drinking, I would not do any field test or breath test. If they suspect you of drinking they are going to arrest you anyway. Especially if the cop is on a DUI mission which my son's is.

Translation: My son really hasn't learned anything other than to refuse to comply in the future and blame the "man" when arrested for driving drunk. The good news is that the apple didn't fall far from the tree, apparently. After all, the parent here is already putting together strategy for when they next drink and drive.

Nice.