What is the name of your state? VA
I had a previous DUI 12 years ago. I completed the ASAP program and have not received any points on my license since (only one ticket - no points). I am an otherwise citizen, unfortunately I have gotten into some trouble.
I got pulled over for supposedly going 55 in a 45 and swerving according to the officer. He told me that he smelled alcohol and ordered me out of the car for field tests. The physical tests I guess I didn't do great, the mental ones (counting, etc.) I did as asked. When he asked me to take the breathalyzer I refused and I was taken into the station.
At the station when asked to take the breathalyzer, I told the officer that i wanted counsel. He ordered me to take it several times and I replied the same way each time. So he informed me that I was being charged and that refusal was tacked on. The charge reads as a DWI 1st offense, .08-.14 BAC.
So, what happens now?
Am I screwed for not taking the breathalyzer at the station? Does this give me wiggle room? Is it likely that it could get reduced to reckless and community service? Is it possible to beat this at all? If not, what penalties am I likely to face?
Is there anything else that can help me? I may have a connection to the Commonwealth Attorney's office that can advise me. Anything specific that should be asked? I guess it's likely pointless to bring up that they had to line me up to take my picture 5 times because they were either incompetent or had malfunctioning equipment, as I have no proof.
Is there anything else I should be doing? Thanks in advance for any assistance that anyone here can provide, it is greatly appreciated.
I had a previous DUI 12 years ago. I completed the ASAP program and have not received any points on my license since (only one ticket - no points). I am an otherwise citizen, unfortunately I have gotten into some trouble.
I got pulled over for supposedly going 55 in a 45 and swerving according to the officer. He told me that he smelled alcohol and ordered me out of the car for field tests. The physical tests I guess I didn't do great, the mental ones (counting, etc.) I did as asked. When he asked me to take the breathalyzer I refused and I was taken into the station.
At the station when asked to take the breathalyzer, I told the officer that i wanted counsel. He ordered me to take it several times and I replied the same way each time. So he informed me that I was being charged and that refusal was tacked on. The charge reads as a DWI 1st offense, .08-.14 BAC.
So, what happens now?
Am I screwed for not taking the breathalyzer at the station? Does this give me wiggle room? Is it likely that it could get reduced to reckless and community service? Is it possible to beat this at all? If not, what penalties am I likely to face?
Is there anything else that can help me? I may have a connection to the Commonwealth Attorney's office that can advise me. Anything specific that should be asked? I guess it's likely pointless to bring up that they had to line me up to take my picture 5 times because they were either incompetent or had malfunctioning equipment, as I have no proof.
Is there anything else I should be doing? Thanks in advance for any assistance that anyone here can provide, it is greatly appreciated.
