Unique dui case, looking for advice

[Hitbylaw]

Hi, I will try to keep this as short as possible and with the key details. I was in an accident hitting a parked construction vehicle, no injuries. When the cop shows up he immediately says he smells alcohol. Although I had a mask on the whole time so kinda thought that was bs. Anyhow we start the field sobriety test and basically only did the flashlight with eyes test. At that point another cop shows up more aggressive and I ask them wait why aren’t you all wearing masks? I told them I had just done a covid test 2 days prior and have a kid in nicu. Still they pull out the breathalyzer and I refuse. Now as soon as we got in the car I said I would do the additional test. Yes was stupid of me to not know the consent laws. When we get to the station we go straight to a room and he reads them to me. Still I thought we were still going to do the tests, and what I was signing was for the first deny. Plus the cop initially told me fine we will just do blood at the station. For some reason they didn’t do that. So they have no field sobriety and no other tests. It’s basically all the officers words . He stated I smelled strong of alcohol and I was swaying

 

[Just Blue]

Hi, I will try to keep this as short as possible and with the key details. I was in an accident hitting a parked construction vehicle, no injuries. When the cop shows up he immediately says he smells alcohol. Although I had a mask on the whole time so kinda thought that was bs. Anyhow we start the field sobriety test and basically only did the flashlight with eyes test. At that point another cop shows up more aggressive and I ask them wait why aren’t you all wearing masks? I told them I had just done a covid test 2 days prior and have a kid in nicu. Still they pull out the breathalyzer and I refuse. Now as soon as we got in the car I said I would do the additional test. Yes was stupid of me to not know the consent laws. When we get to the station we go straight to a room and he reads them to me. Still I thought we were still going to do the tests, and what I was signing was for the first deny. Plus the cop initially told me fine we will just do blood at the station. For some reason they didn’t do that. So they have no field sobriety and no other tests. It’s basically all the officers words . He stated I smelled strong of alcohol and I was swaying

What state? What is your question(s)?

 

[quincy]

Hi, I will try to keep this as short as possible and with the key details. I was in an accident hitting a parked construction vehicle, no injuries. When the cop shows up he immediately says he smells alcohol. Although I had a mask on the whole time so kinda thought that was bs. Anyhow we start the field sobriety test and basically only did the flashlight with eyes test. At that point another cop shows up more aggressive and I ask them wait why aren’t you all wearing masks? I told them I had just done a covid test 2 days prior and have a kid in nicu. Still they pull out the breathalyzer and I refuse. Now as soon as we got in the car I said I would do the additional test. Yes was stupid of me to not know the consent laws. When we get to the station we go straight to a room and he reads them to me. Still I thought we were still going to do the tests, and what I was signing was for the first deny. Plus the cop initially told me fine we will just do blood at the station. For some reason they didn’t do that. So they have no field sobriety and no other tests. It’s basically all the officers words . He stated I smelled strong of alcohol and I was swaying

Your driver’s license can be suspended for not breathalyzing. If charged with a DUI, hire an attorney.

 

[adjusterjack]

When the cop shows up he immediately says he smells alcohol. Although I had a mask on the whole time so kinda thought that was bs

No. Not BS. I drove a taxicab many years ago and learned that drunks exude the smell of alcohol through every pore of their body. If you were drunk enough to lose control and hit a stationary vehicle then you did stink of alcohol.

Still they pull out the breathalyzer and I refuse.

That's an automatic suspension.

Yes was stupid of me to not know the consent laws.

That's right. Because it was in your driver handbook that you had to study when you first got your license. Nobody forgets that. Unless, of course, you are too drunk to think straight.

So they have no field sobriety and no other tests. It’s basically all the officers words .

The officer's testimony is evidence that you were impaired. The damaged vehicles is evidence that you were impaired. There are two types of drunk driving charges. DUI (Driving Under the Influence) and DWI (Driving While Intoxicated). DUI generally does not need blood alcohol test. DWI generally requires blood alcohol test. Based on the accident and the officer's testimony you can be charged with DUI.

 

[quincy]

You can also be sued for damages caused to the construction vehicle.

I am sorry to hear you have a child in the NICU. I know how scary that is.

 

[Hitbylaw]

What state? What is your question(s)?

MD and yeah I’m aware that I most likely will have my license taken for 270 days the max. I don’t think I can beat the refusal. Plus I have no car, no money for interlock. I wasn’t even going to purse the dmv hearing

 

[Hitbylaw]

my main question was do think I could get this dropped. Most have answered already so seems like probably not. Next if I plead guilty or hopefully get a pbj just hoping to not get jail time. I know if I fight it and lose they could hit me with the maximum which is up 1 year in jail and 1000$. What is the best route to at least get minimal sentencing. Also doubtful I can afford a attorney. Most like will be public. Most are quoting 4-5k

 

[Hitbylaw]

My insurance did say they were covering the damage to the construction device

 

[Hitbylaw]

Also I have no priors or anything, clean record

 

[Hitbylaw]

Basically this is the construction device Arrow

 

[quincy]

my main question was do think I could get this dropped. Most have answered already so seems like probably not. Next if I plead guilty or hopefully get a pbj just hoping to not get jail time. I know if I fight it and lose they could hit me with the maximum which is up 1 year in jail and 1000$. What is the best route to at least get minimal sentencing. Also doubtful I can afford a attorney. Most like will be public. Most are quoting 4-5k

You do not want to plead guilty to anything without consulting a lawyer first. The best way to get a charge dismissed is to have a lawyer.

The main problem with a conviction is not the fine or even jail time but the criminal record. That will follow you and cause all sorts of headaches (from loan denials, to increased rates on insurance or credit, to not being allowed into Canada, to employment issues).

 

[Hitbylaw]

You do not want to plead guilty to anything without consulting a lawyer first. The best way to get a charge dismissed is to have a lawyer.

Okay thanks, and one other thing is I did get a charge of failure to control vehicle on highway. 130$ I was just going to pay that but does that mean I’m admitting guilt to all the charges? One lawyer said don’t pay it bc he might be able to get it dropped

 

[quincy]

Okay thanks, and one other thing is I did get a charge of failure to control vehicle on highway. 130$ I was just going to pay that but does that mean I’m admitting guilt to all the charges? One lawyer said don’t pay it bc he might be able to get it dropped

When you pay a fine, that admits guilt.

 

[Hitbylaw]

When you pay a fine, that admits guilt.

Ahh okay yeah that’s what I thought. Just wasn’t sure if it was just the one or all 3 .

 

[quincy]

Ahh okay yeah that’s what I thought. Just wasn’t sure if it was just the one or all 3 .

You should not admit you are guilty of anything. An attorney might be able to have all but the license suspension dismissed. You don’t want to complicate your defense.

Good luck.