Why you should always refuse the Breathalyzer and the Standardized Field Sobriety Tests

3164154As a defense attorney and DUI practitioner, I get asked a lot of questions by my clients, friends, and fellow attorneys. But no question is more common than, “should I refuse the breathalyzer and/or the field sobriety tests (FSTs)?”

Like most legal questions, this one is not easy to answer, either. Any attorney worth his salt will tell you to refuse both. But, States have a mechanism in place to “encourage” you to agree to blow into the machine, which we will discuss.

This blog post is devoted to explaining why it is beneficial for you and your case in the Commonwealth of Kentucky, and possibly in other jurisdictions, to politely refuse the police officer’s request to blow into the machine (both portable and the one at the station) as well as to refuse the standardized FSTs.
In an ideal world, you would refuse both the breathalyzer and FSTs, and the government would have no case against you (except for the officer’s testimony). However, last time I checked, we do not live in a Utopia. Therefore, we must deal with the facts.

If you have consumed alcohol, the officer will be alerted to your red, watery, and bloodshot eyes, smell of alcohol, and slurred speech. This gives him reasonable suspicion that a crime has been committed which opens the door to further investigation, but not probable cause to arrest…

Yet.

This is where the police officer will request that you complete FSTs, and/or administer his Portable Breathalyzer Test (PBT). He has authority to give you the breath test per KRS 189A.103(3). You are to refuse both! I cannot emphasize this enough.

But, what if you don’t know this important piece of advice, and submit to them (like many people do on a day-to-day basis)?

Let’s see what happens.

Well, first, if you have indeed recently been drinking, and are possibly close to or over that magic 0.08 figure, and you blow into the PBT, you’ve just given the police officer the probable cause he needs to arrest you! He doesn’t need anything else — even if you refuse the FSTs, he now has the lawful right to arrest you right on the spot.

Furthermore, the FSTs, even though the National Highway Traffic and Safety Administration (NHTSA) claims that they are tests of “divided attention” (just like when you’re driving you have to be able to steer, and change gears if its a manual, while paying attention to your surroundings), ask yourself the following question: how many years have you been driving? Now compare that experience to how many times you’ve done FSTs. Chances are you’ve never done them. Ever. How is that fair? Well, according to our government, it is. And if you refuse to complete them, the police officer cannot use it against you in court (but he will do everything in his power to find cause to arrest you — because, if you were sober, why would you refuse such “simple” tests?)

The tests are designed to fail you. That is the reality of it. Don’t let anyone fool you otherwise.

Now you’re at the station. Let’s say you’ve submitted to the PBT, and blew over a 0.08, but refused the FSTs. You are now confronted with the Intoxilyzer machine. Kentucky, like most jurisdictions, has an implied consent statute in place. That means that by virtue of the Commonwealth issuing you an operator’s license and permitting you to drive your vehicle of choice on Kentucky’s roads you have “impliedly consented” to a test of your blood, breath, or urine (KRS 189A.103(1)). Note: this statute applies even if you are dead or unconscious (KRS 189A.103(2)).

Now, you have two options: One, submit to the test and risk the result, or two, refuse to blow. If you submit to the Intoxilyzer, and blow over a 0.08 you’ve just given the Commonwealth two avenues of prosecution against you:

1) KRS 189A.010(1)(a) – the per se DUI (Intoxilyzer result over 0.08); and
2) KRS 189A.010(1)(b) – the opinion DUI (police officer’s testimony).

Had you refused the machine altogether, the Commonwealth can only pursue you for the opinion DUI.

But there’s a small catch.

Did I say small catch?

Some would say it’s a pretty big one.

Per KRS 189A.105(2)(a)(1), if you refuse to submit to the blood, breath, or urine tests, the effects are as follows:

1) the refusal may be used against you in court as evidence of violating KRS 189A.010 (the DUI statute);
2) your driver’s license will be suspended until the resolution of your case;
3) if you refuse the tests and are subsequently convicted of DUI, you will be subjected to a mandatory minimum jail sentence which is twice as long as the mandatory minimum jail sentence imposed if you submit to the tests (which is 4 days instead of 2 for a first offense); and
4) you will be unable to obtain a hardship license after the 30 day mandatory suspension period elapses (for first offense DUI).

Pretty harsh, huh?

As you can see, the Commonwealth has done everything in its power to scare you into taking a blood, breath, or urine tests. Nevertheless, despite these seemingly harsh consequences of refusal, it is still beneficial for you to refuse! It is harder to disprove a negative when the prosecution has the number that works against you, because people like to believe technology works properly. It is much easier to discredit a police officer on cross examination than to prove the a machine was faulty.

But aren’t you forgetting something? What about the PBT, Mr. DUI Guy?

I’m glad you asked.

The PBT is inadmissible in Court. Per KRS 189A.104, no other breathalyzer machine except the one that is “installed, tested, and maintained by the Commonwealth … at a police station or detention facility” is admissible in a court proceeding. So the PBT result must be excluded. A 2008 Kentucky Court of Appeals case explicitly stated that, “the pass/fail result of a PBT is admissible for the limited purpose of establishing probable cause for an arrest at a hearing on a motion to suppress.” Greene v. Commonwealth, 244 S.W.3d 128 (Ky. Ct. App. 2008) (emphasis added). The prosecution cannot introduce the PBT result to the jury, and it is reversible error to do so.

If you refuse to do the FSTs and PBT roadside, your chances of getting arrested may not change. Even if you do get arrested, and continue to refuse to cooperate with any of the officer’s requests to complete a breath, blood, or urine test as well as the FSTs, your Kentucky operator’s license will be suspended while your case is pending (KRS 189A.107(1)). However! You’ve just significantly increased your chances of beating your DUI because the Commonwealth cannot pursue your case under the “per se” part of the DUI statute, namely the 0.08, and must rely on the opinion DUI — which is based 100% on the police officer’s testimony as to his observations and impressions of you, which is easier for an experienced DUI practitioner to attack and discredit on cross examination.

Thanks for reading, old friend.

Hope to see you again soon.

If you require assistance with a DUI, expungement, traffic ticket, or other criminal charges, please contact me or call me at (502) 931-6788.

The DUI Guy

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James davis
James davis
1 year ago

I was stopped yesterday to waiting for my food at a drive-thru the cop said there was a complaint he never specified what so he asked me to do the eye test don’t know if I passed or failed then he asked me to do the test or I stand on one leg I told him it’s 30 degrees outside and I’m cold I won’t be able to pass the test he then arrested me took me to the station started the book me I told they asked me to sign something and I said I would like a lawyer… Read more »

Larry Forman
Admin
1 year ago
Reply to  James davis

Did this happen in Kentucky?

If so what part? I may be able to help you.

Robert
Robert
1 year ago

I was in a single car accident and when the officer showed up he thought i was under the influence. I took the fst but have some disabilities that hindered me. Two nights before my daughter went in to have an emergency early delivery for her baby and almost died. I suffered a mild heatatack at the hospital durring her giving birth. Spent the night in the E.R. Took rhe breathalyzer on the Scene of the accident, blew a 0.00 still he thought i was on something. Told him all that i had been through the last 2 nights before.… Read more »

Larry Forman
Admin
1 year ago
Reply to  Robert

Speak with Leslie Hulnick (316) 263-7596. Good luck.

KAYLA MCKINSEY
KAYLA MCKINSEY
1 year ago

My 1st experience with a police officer was in sept. of this year, I was pulled over by a state trooper in my very small Indiana town, I am 22 years old Have a 4 year Business Admin. degree and had never even spoken to an officer before this, he was young, not too much older than me, that day he gave me a speeding ticket, I was upset but went on my way, 2 weeks later my mother and I were sitting at my Apt. I was having a bad day, I lost my father to a house fire… Read more »

Richard Keith bowen
Richard Keith bowen
1 year ago

Police pulled me over in Louisville ky said I ran a stop sign he really pulled me over because I have a nice car 2017 Dodge challenger said I smell like I been drinking I had two beers after work do a 12 hour shift I was tired he gave me the subbreed test he said I failed so he locked me up I sit there about a hour they called to the pretrail desk I ask what my charge was they said driving under the influence of a non vehicle you be out in about 6 to 8 hours… Read more »

Larry Forman
Admin
1 year ago

You need to call me asap. 502-931-6788

Casey
Casey
1 year ago

I got a DUI yesterday after my tire blew out because I couldn’t control my truck when my tire was low. The cops came and wanted me to take a breathalyzer which I do not trust and I said no. Now they gave me a DUI and are saying that my eyes were dilated and I smelled of alcohol. If my eyes were dilated it was because of my medicine but I don’t know where they got the smell from. I am in Mississippi, do you know of anyone who can help me? I asked to get a blood test… Read more »

Larry Forman
Admin
1 year ago
Reply to  Casey

I would try Victor Carmody, Jr. 601 948-4444

Good luck.

mr c
mr c
2 years ago

i got a dui on my own 6 acre property, no witnesses, not even the same cop who showed up first. no miranda, no fst, just a breathalyzer at the station,. This is in North Carolina. 6 acres, on a private road.

Larry Forman
Admin
2 years ago
Reply to  mr c

Mr C.,

The answer will boil down to the language of the statute. For instance, in Kentucky, it is “anywhere in this state,” which implies and includes private property. Some states are more specific, like “highways” or “roads.”

Select NC and find a lawyer here: https://ncdd.com/find-an-attorney/

James Alexander
James Alexander
2 years ago

I am currently awaiting trial for a dui and refusal to submit. This will be my 2nd. The situation is very unique. My wife and I were involved in a auto accident. She was the driver of the vehicle and I was the passenger. Our driver side front end was smashed in so neither of us could exit the vehicle from the drivers door. Two witnesses are lying saying they saw me driving the vehicle. We were both wearing our seatbelts, and do to the force of the crash we were both burnt by the seatbelts. I have pictures of… Read more »

Larry Forman
Admin
2 years ago

That is unique. If you were not driving, and the jury believes you, then you will be found not guilty.

1) To answer your questions, you don’t have to submit to anything — you can choose to refuse and they cannot force you into them.

2) Possibly. If you think that will help illustrate that you were not the operator of the vehicle, e.g. if there was blood at the scene, to show that the blood on the driver’s seat is of a female and not a male.

Good luck — sounds like a complex but interesting case.

Matt
Matt
2 years ago

Okay so serious question and still in the process of trail. I meet with my lawyer for the first time tomorrow. Anyways, I tried driving home drunk on night after a Christmas party and I blacked out. I have zero memory driving and what i did. So I ended up in the country in a ditch. I walked 1/4 mile and broke open a door and fell asleep on the person’s floor. Again I have no memory of any of this till i was awaken by an officer. I refused all blow tests and was charged for a dui. Obviously… Read more »

Larry Forman
Admin
2 years ago
Reply to  Matt

Sounds like a unique situation, Matt — because one of the elements of DUI is operation and or physical control. So you might have a good defense there. Talk to your lawyer and explain all the facts you know — I am sure they can help you!

Justin
Justin
2 years ago

My cousin got a hit and run but the police didn’t catch him the day of the arrest. And they got him at a bar a few days later and got tape of him leaving the bar after he was drinking he got in his truck and drove. And that wasn’t even the nite of the hit and run he wasn’t at that bar? Can they charge him drunk driving from the cameras at the bar? They didnt do a breath test or blood cause he wasn’t driving the day they cough him at the bar he had a warrant… Read more »

Mike
Mike
2 years ago

I got a DUI dropped in CT after I did PreTrial Diversion- i.e DUI School and 12-week Alcohol Class. I moved to Florida- I made the mistake and getting my FL drivers license BEFORE it got dropped in CT because I was told by attorney that I just had to do the DUI school, which I did, but the DUI school then made me do a 12 week Alcohol Class. So now, I have the DUI on my lifetime FL record when a MVR on my FL drivers license is done. This is a HUGE problem because I am unemployed… Read more »

Nathan
Nathan
2 years ago

I was arrested back 10/29/17 and this would be a 4th. I hired an attorney that I thought would fight for me when I went into his office. After going to court and having the preliminary hearing he was supposed to ask questions the officers. Well he decided he wasn’t going to question the officers and said we just wave to the grand jury. Well I went and spoke to another attorney that told me he should have asked a lot of questions and the only thing to do now is to take it trial. There is a lot questions… Read more »

Russ
Russ
2 years ago

I was in the process of moving from the West coast to Ohio. Visited a friend in MN, and was pulled over for speeding. Officer asked if I had been drinking, I denied, said my passenger had been heavily. Regardless, FST ensued, wind blowing me off balance, I’m failing, gets his portable unit out, .136, in cuffs, watching my truck and ALL my belongings go on a flat bed, impounded. Got to the side room at county jail with the fancy blow machine, they provided a phone and yellow pages to hire an attorney, I was antagonistic at this point,… Read more »

kristy
kristy
2 years ago

I got a DUI Oct 21 2015 because I was on prescribed medications. The lab tech said I had enough Xanax to have taken 8mg, but I took my required 2mg. I got in a minor accident at a stop light. I hit someone bumper. It was raining so hard I was unable to take the tests because of the rain. My dr later told me that since I was on benzos for over 5 years it builds up in your tissues. Can I get this reversed

Jennifer
Jennifer
2 years ago

Police do what they want.

Samuel L Jackson
Samuel L Jackson
3 years ago

If I dont submit to the FST or roadside breath test, can they use that against me in court?

Can I also only demand a blood test at the station because I have GERD, and have proof from a doctor, or should I take the station breathalyzer and later bring proof to court I have GERD?

Larry Forman
Admin
3 years ago

Give me a call 502-931-6788

Mark
Mark
3 years ago

I was pulled over for passing an officer. He said I was going about 90 but didn’t provide proof of that. I had 3 beers 3 hours prior to being pulled over and confessed to it. I blew into the breathalyzer and the officer said it’s not working. I blew into the breathalyzer 2 more times and he stated that it still isn’t working although he wouldn’t let me see it. He admistered the straight line 9 step walk and 30 second one leg off the ground test which I failed. He said I was under arrest for DUI and… Read more »

Larry Forman
Admin
3 years ago
Reply to  Mark

Mark,

You need to speak with experienced local counsel in your area. What state did this occur in? Your rights do not have to be read unless certain criteria are met — your lawyer would need to sit down and discuss the case with you.

Good luck.

Bryan
Bryan
3 years ago

If you are stopped in NJ for window tint and officers smells alcohol on your breath is that sufficient evidence to ask you to do a field sobriety test when there is no slurred speech just the smell of acohol? And is refusal of the FST with alcohol smell on the breath sufficient evidence to be placed under arrest???

James McClure III
James McClure III
3 years ago

I was recently involved in a car accident where I ran a stop sign and rear-ended someone. I was charged with a DUI, following too closely and failure to stop at a stop sign but I refused both test, can I get this dropped down to reckless driving and also this is my first ofense of any kind

Mark
Mark
3 years ago

“IF” you haven’t been drinking @ all refuse all FSB’s and at the station breathalyzer. Also insist on blood work as the lab labels those and you know you are going to come back clean. Also get your own independent blood work done. Your primary care provider will do this for you. I don’t trust LEO with the breathalyzer at the station to be truthful in recording the results. The lab work removes the chain of evidence from the immediate purview of the arresting officer so they can’t play with the results while still showing it maintains the unbroken chain… Read more »

BOHICA
BOHICA
3 years ago

This worked for me, took your advice and I refused the breath test and field test. After several months I was placed on probation and had a work only license for a year, but my DUI was reduced to reckless driving. Thanks!

Larry Forman
Admin
3 years ago
Reply to  BOHICA

I am glad that worked out BOHICA.

Thanks for sharing.

Courtney Marie
Courtney Marie
3 years ago

Hello, I recently got into a traffic accident, I do not have a valid drivers license kn thr state of WI. The driver and myself were exchanging info and the police arrived. i got a couple tickets and we were ready to leave and another officer showed up and said he smellt alcohol. i completed 2 sobriety tests and passed them, then he asked me to do a breathalzyer and i refused since i had passed the other tests. they arreated me for owi. Do i have a case for anything? Any advice is appreciated. Thanks in advance

Patrick
Patrick
6 years ago

If you refuse the PBT, does that subject you to the license suspension and increased jail sentence? Or only if you refuse the intoxilyzer? Also, I would make a bigger point of saying there is NO PENALTY for refusing the FST whatsoever, and I can’t agree more with how unfair it is. I was pulled over one night and tricked into doing it completely sober, they were insinuating I was failing the test when I suggested I try a breathalyzer and blew 0.00. Who can follow the tip of a black pen at night while red and blue lights are… Read more »

mike
mike
4 years ago
Reply to  Patrick

he made me take the FSTS he didnt give me an option he enforced it upon me. also he didnt allow me to say no to the blood test they made me enforced me to do it. took me to the station and i had a .08 with the breathalayzer how do i fight it?

Larry Forman
Admin
5 years ago
Reply to  mike

Mike,

They do not have to give you an option. Although, you can always refuse to do the tests. They don’t WANT you to refuse, so they will do everything in their power to make it look like you have no choice.

You need to hire a qualified DUI defense attorney in your area. What state did this occur in?

gary
gary
3 years ago
Reply to  Patrick

I just represented my self fist time on a 23152 (e) with refusal and won all it takes dont listen to the on line lawer bullshit say not guilty ready for trail not guilty ready for trail went to court 13 times then they moved it to the toughest judge in la i said to him not guilty ready for trail and that was there last scare tactic and prosecuted dismissed it now evidence but cops word mabe years ago not anymore do what i did there is never going to he a trial unless you kill someone good luck… Read more »

Larry Forman
Admin
3 years ago
Reply to  gary

Gary, you couldn’t be more wrong.

You got lucky. Nobody is questioning that. And I don’t know how other jurisdictions work.

However, you try that in Kentucky, the case WILL go to trial, and if you represent yourself, you are guaranteed to lose. Because the jury will not believe you. Plus, you don’t know how a trial works.

I would STRONGLY advise against this tactic. It is a guaranteed way to get a conviction AND jail time in a DUI case in Kentucky.

Lauriann Seaueira
Lauriann Seaueira
1 year ago
Reply to  gary

My situation was I had called the police for a domestic violence situation I was sitting in my car in my driveway waiting for them I end up getting arrested for the DUI I refuse the breathalyzer and my case was dismissed on the dui can I fight for my license back it is suspended for one whole year

Lauriann Sea
Lauriann Sea
1 year ago
Reply to  gary

It I had called the police for a domestic violence I went into my car at my house in my driveway to wait for the police to arrive and i got arrested for a DUI that case got dismissed however i refuse the breathalyzer is there anyway I can fight from losing my license for the year

Larry Forman
Admin
1 year ago
Reply to  gary

Call me 502-931-6788. I can get you back on the road in Kentucky.

James C
James C
1 year ago
Reply to  gary

Cops are out to get people ,especially if they break the law, but they are also known to target people and they have done that to me.
All over an argument at a bar with a prison guard,jealous over a pretty girl.

Jim
Jim
8 months ago
Reply to  gary

Big difference state troopers are trained they are fair , honest, and have morals. City police are just the opposite. They create problems cause they no everything already. They are lazy bullies trying to get ahead no matter how many folks they destroy

Jack
Jack
6 months ago
Reply to  gary

Cops are paid to serve and protect, not to be revenue generators. The fire department doesn’t go searching for fires and the police shouldn’t go searching for revenue.

Your husband is a shill.

Jack
Jack
6 months ago
Reply to  gary

The nazi’s were just “doing their jobs” as well. Pathetic

Larry Forman
Admin
3 years ago

Your best bet is to reach out and speak with Allyson M Prejean of the NCDD National College for DUI Defense.

(337) 235-5791

Good luck.

Mike Key
Mike Key
3 years ago

I was pulled over for a suspected DUI. Officer claims I was on the wrong side of the highway with my nephew in the car. Wouldn’t having a 6 yr old make that aggravated? I don’t do drugs I’m going to be have a negative result. And its the same cop who tried to get me on DUIs before. How do I go about harassment charges against the city PD?

alex b
alex b
3 years ago
Reply to  Mike Key

i was arrested on 3/6/17 refused test arrested taken to headqtrs refused arrested never was read rights, was not informed that by refusing I would lose dl for 6 mos never asked to sign any paperwork was charged with dwi resisting illegal lane use, and possesion of sch4 narcotics for a pill that was in bottle that was prescribed to me by my Dr. . My car was parked on private property i didnt give them permission to search or tow they did both . i went to a pool hall to meet friends say troopers watching bar walked in… Read more »

Larry Forman
Admin
3 years ago
Reply to  alex b

Where did this occur?

alex
alex
3 years ago
Reply to  alex b

it happen in Alexandria La

Greg
Greg
3 years ago

Do you have a recommendation for a trial attorney in Boone county?

Larry Forman
Admin
3 years ago
Reply to  Greg

Wil Zevely with Busald Funk Zevely. Google him.

Fima
Fima
3 years ago

My son Mikhail was stopped by MN police on May 5, 2016 for some failure to show signal and checked for alcohol. Result was zero. Then police officer run Sobriety Tests. I have dash video of this and I think test conducting was not good. Police officer then decided to arrest Mikhail, took him to detention and obtained a warrant for blood test. Car was towed. Police obtained blood test. Blood was tested at BCA lab and there were no any drugs, just zero. Recently police decided to charge Mikhail with 2 tickets for driving violations and set up court… Read more »

Larry Forman
Admin
3 years ago
Reply to  Fima

Dear sir. Sounds like there is a case to be made on behalf of your son. He needs a MN professional to help him with the case. I suggest you all reach out to my good friend and colleague Douglas V. Hazelton at (952) 224-4848. Let me know how it goes.

Fima
Fima
3 years ago
Reply to  Larry Forman

I sent an E-mail to Douglas. I hope he will answer. This is very dangerous when Police have so much power, can charge anybody with anything. Looks like Russia where I came from as a refugee on human rights.

ron
ron
3 years ago

i read about the consequences of field sobriety test refusal in hawai in the following article:
http://www.lawpipe.com/US/Field_Sobriety_Test_Refusal.html

why is it so different from what your article explains ?

Larry Forman
Admin
3 years ago
Reply to  ron

Different states have different rulings on the issue.

I am discussing Kentucky law specifically.

Rudd Mohammed
Rudd Mohammed
3 years ago

What I want to know is, if the police officer, who is conducting the test, be certified as a breath alcohol technician. I doont live in the US I live in Trinidad where I believe the protocol and proper procedures have been violated by the law enforcers in my country. I also believe that the courts in my country have no idea of the proper protocol so now people here are being victimized by the whole breath alcohol testing system.

Taylor
Taylor
3 years ago

Hello, I am in dire need of help. Back in October of 2015, when I was 20 years old, I got pulled over with an open container in the back seat. I was completely sober. I had a DRINK of beer, not a full one, maybe 1.5 hours before this occurred. The officer said he smelt alcohol and told me to step out of the vehicle for a field sobriety test. After I (soberly) passed the sobriety test, the officer conducting the tests held a breathalyzer to my mouth and told me to blow. Didn’t state what he was doing… Read more »

Amanda
Amanda
3 years ago

I just got a DWI on Oct 8, 2016. I knew I could refuse the breathilizer but seemed like there was no way around getting field sobriety test. There were 3 cops watching and after failing the fst, went to jail. Several hours later I had to take a blood sample. Was it in my best interest to refuse breathilizer and wait the couple hours till blood draw? I figured this was more time for BAC to go down. I was pulled over right around the corner from where I live, but the cop refused to care. I am in… Read more »

josephdebose
josephdebose
3 years ago

hello mr. larry foreman this joseph i was driving on a oct. weekend made a rite turn and about 60 yards cop turns light on i pull in parking lot he pulls in front of me i get license and insurance crack window with hands on steering wheel he walks rite bye window go back were two other cops talking for about ten minutes so i cracked door asking whats going on he said closed door get back in car he said license suspeneded so i say no they are not been turned florida license over every since two thousand… Read more »

Sir Rob
Sir Rob
3 years ago

I have had a car accident and swrved and ran into a tree it was to avoid a rodent and animal. I was drunk and injured. Refused to do a breathlyzer and was in ER belive they have my blood. I have got a letter that my license is suspended for 18 months soon. I do not have any letters from court. It was 2 pedistrains tho stopped and called the ambulance and then it was not local but state troopers. it was 1030 pm. Its been almost 4 weeks soon. Please let me know what to expect and some… Read more »

Andy
Andy
3 years ago

The way i got my owi was BS! Was my friends bday so we drank all night then come morning we got in his car and went to a dirt back road and were going up and down it. Some one called cop because loud muffler. Well before knowing that I told my friend let me drive once. I was driving car no more than 10 secs before i see a cop parked at end of road. I stopped and got out and walked to other door acting like I was doing something cop pulls up and i get owi… Read more »

Andy
Andy
3 years ago

here in WI if you refuse a test of any you get manditory 1 year REVOKED and AODA and 1 year of that breathalizer thing in car which is around 100 a month guilty or not. Because breathalizers can be faulty they do blood test after if you let them. For drunk driving you will get 2 charges if you do the blood test owi and ticket for being over the limit. If you refuse all tests or do the tests but refuse the blood draw you will only get OWI and not the extra over the limit ticket. I… Read more »

Dee
Dee
2 years ago
Reply to  Andy

While you are required by law to take the breathalyzer test after you are arrested as a condition of implied consent in Wisconsin, you are not required by law to submit to this breath test or sobriety tests in the field, unless you are a commercial driver.

Tina
Tina
3 years ago

i got a dui and escape 3rd charge i did pin test had been crying earlier marriage problems. i had a 4pk and 1 open beer in car i opened when i turned on my drive way was sober i am bipolar and havent been on my meds in 5 + months and cop took me to jail said i told him i had 4 beers earlier (LIES) i have c.o.p.d. i could NOT blow offered to take blood test and he said he mark me refusal i joked with officer about cuffs bein loose and when we got to… Read more »

Larry Forman
Admin
3 years ago
Reply to  Tina

If this occurred in Kentucky, feel free to give me a call: 502-931-6788.

Kay L Cardilino
Kay L Cardilino
3 years ago

Greeting Mr. Forman. Last month, I was driving home from a bar. I had consumed two drinks with my buddy Roger whom had also consumed two drinks. Roger then dropped me off at my car which was approximately one-quarter mile away from the bar. From there, we both traveled up an eastbound on ramp, with my vehicle in the lead. The two lane highway which we entered onto was desolate and dark, with no traffic coming or going in either direction. I checked my rear view mirror several times for about a mile and noticed Roger was aways behind me.… Read more »

Larry Forman
Admin
3 years ago

Driving too slow for traffic conditions can be probable cause for a stop.

Larissa
Larissa
3 years ago

I have a family member who just was arrested for a DUI. She took THREE breathalyzers and all came up as under the limit. They then used other machines and on the 5th try, got her at a .08. Can they even do that?! Keep going until one machine reads something the others didn’t. After she was arrested she did a blood test in hopes it would help as she want’s to fight it.

Larry Forman
Admin
3 years ago
Reply to  Larissa

Larissa,

That is the shadiest thing I think I have ever heard in my entire life.

They MUST hire an attorney and fight this case tooth and nail.

If this happened in Kentucky tell them to call me – 502-931-6788.

SARAH DUNKLE
SARAH DUNKLE
3 years ago

Who can complete a test when your baby is screaming aND you left the dr with them 5 mins before talked to multiple people there.

SARAH DUNKLE
SARAH DUNKLE
3 years ago

GIVE MY FIRST EVER TICKET A DUI WENT TO JAIL. LIKE AN IDIOT I CONCERTED TO EVERYTHING BUT THE BLOODTEST. It wasn’t alcohol it was drug related. Trying to charge me with a felony for IBPROFIN800 in a baggie I got fromy neice.

David Leonard
David Leonard
3 years ago

I would very much appreciate your advice, i have no $ for an attorney. I wrecked my vehicle while attempting to avoid a deer. My truck rolled several several times I was injured my head hit and broke the back windshield. I had other serious injuries as well. I was out of the vehicle when police arrived. I refused a breathalizer, i asked to be taken to the hospital, i could barely stand but the police did not give me option to refuse a FST. When I finally did get to the hospital they took my blood without my consent.… Read more »

Raven
Raven
4 years ago

I havent seen an answer for this but recently i was pulled over cause my smart car was sticking out as I was pulling out of parking spot. THe main road in those cars are blind spots and i have to lean on glass to see out. Car slowed down (cops) and then proceeded to pull me over after a few feet. They prolly swore to each other I have been drinking but I cant drink for health reasons. Every sentence had have you been drinking in it somewhere. The harrassment of that question didnt stop until I stated I… Read more »

Larry Forman
Admin
3 years ago
Reply to  Raven

Where did this occur?

Feel free to call my cellphone to discuss 502-931-6788

Chris Bridges
Chris Bridges
4 years ago

After providing proper identification and paperwork. Followed by using my right to remain silent. Can a dui test be administered?

Larry Forman
Admin
4 years ago
Reply to  Chris Bridges

With regard to field sobriety tests, you can refuse those without any penalty (to my knowledge) in any state.

Certainly not in Kentucky.

It may just earn you an arrest.

Chris
Chris
4 years ago

If I exercise my right to remain silent, can they still request a test?

Larry Forman
Admin
4 years ago
Reply to  Chris

Chris,

Yes they can. SCOTUS has determined that a breath sample does not constitute a search requiring a warrant; so they can request anything they want.

Then the question becomes: Do you have to give it to them? Answer: no. However, you will be in violation of the implied consent laws and can be prosecuted separately for a refusal is some states, or just have your license administratively suspended in just about all states. If they have a warrant, they can also forcibly take your blood per McNeely.

Perry
Perry
4 years ago

Larry, I was pulled over in for Speeding or so called. I had coffee in the car which clear as day. I pulled over, put on my indoor lights, and put my hands on the wheel. I waited and gave him my license. He asked why I was speeding, I said if I was I didn’t know I was, but I was trying to get away from a car of people who were screaming at 2 different lights. He didn’t even wait, and said you need to come out of the car. As soon I got out and explained I… Read more »

Larry Forman
Admin
4 years ago
Reply to  Perry

Perry,

Where did this happen?

Larry Forman
Admin
4 years ago

Which part of Ohio?

Joe Suhre with Suhre & Associates is really good for a lot of Ohio regions.

Leslie
Leslie
4 years ago

My fiance hit the curb and someone called the police. The police arrived and they told him they were going to do the tests. He blew .134. He went to a dui attorney and it seems like the cop didn’t fill out the forms completely. We did not know that he could refuse to take a breathalyzer test. He gave up his license so he could bail himself out. He did not hit the curb because he was drunk, he hit it because he was going too fast and I happened to puke and he got distracted. They probably don’t… Read more »

Larry Forman
Admin
4 years ago
Reply to  Leslie

Leslie,

Every case is unique and needs to be examined based on its facts. I only have half a story here (if that), so I recommend you defer to the attorney you’ve hired. You need someone who understands how to defend DUI cases.

Good luck.

Tiffany
Tiffany
4 years ago

Do you have a good recommendation for a DUI attorney in ohio?

Confused in Illinois
Confused in Illinois
4 years ago

Hi Larry, I have a general question about the roadside PBT. I’ve spoken to several law enforcement officers and no one has ever heard of blowing too hard into the roadside PBT. As a matter of fact most officers even stated that they would prefer you take a deep breath and give it a rip. However, the arresting officer was ready to give me a refusal to submit to the roadside test if I didn’t blow softer. Long story short I blew a .123 after the 4th or 5th attempt. What makes this a little more interesting is I hadn’t… Read more »

Larry Forman
Admin
4 years ago

Confused,

The problem with breathalyzer devices is that if they don’t purge themselves, the result will be tainted by prior exhales into the tube.

By virtue of you blowing 4 or 5 times is that the result was skewed, and of course not in your favor, because the alcohol molecules stacked from all the previous exhales.

You need to speak with an experienced DUI attorney in IL about your issue.

Tonya Oakley
Tonya Oakley
4 years ago

Hi, my name is tonya. I’m 38 yrs old. Got my first dui 5yrs ago, unfortunate I got a second dui, bout 2 hrs later. Haven’t had any driveing problems since 2013. In April of 2016 i got pulled over an they said dui. I had worked 8 hrs that morning, then made a 6 hr trip to where my parents live on my way home I stopped n Somerset at a bowling alley/bar place. Sat down an had a beer. Few mins later ordered me something to eat an a beer to go w it. Before I left I… Read more »

Larry Forman
Admin
4 years ago
Reply to  Tonya Oakley

Tonya,

Where did this occur?

Call me 502-931-6788

Barclay Banister
Barclay Banister
4 years ago

Very informative article. Thanks for sharing. I do have one disagreement however. You indicate that a “refusal” is an aggravator subjecting the person to double the mandatory minimum jail time (KRS 189A.105(2)(a)1). It is my understanding that a “refusal” is not an aggravator on a first offense due to a quirk in the way the statute is written–e.g. that the aggravator must be present WHILE OPERATING the vehicle. Most certainly a “refusal” only occurs at the testing site. Am I correct?

Larry Forman
Admin
4 years ago

Barclay,

You are absolutely correct. See CW v. Gaitherwright (refusal on a first offense is not an aggravator.)

I was just referring to the way the statute is written and the way the implied consent is read to people at the station (which has been done wrong since it’s inception.)

A refusal on a second or subsequent offense, however, DOES count as an aggravator. So, indeed, you are correct.

Jason
Jason
4 years ago

I got called in for being a drunk driver by a jerk that got his way to get me to drink with him on October 7th 2015. The cop pulled me over and asked me some questions and he got me out of my truck. He asked me if i had been drinking so of course i said no. He wanted to breathalize me and i said no so he had me do the tests. It was right next to a busy road so it was difficult to pass so i didnt. He wouldnt let me finish the test because… Read more »

Larry Forman
Admin
4 years ago
Reply to  Jason

Jason,

First off, you should never do anything unilaterally. It was a big mistake to take off the device without the court’s permission — because it was court ordered. By taking the device off your vehicle, you violated a judge’s order — which is never a good thing.

Second, It sounds like your case has been closed, and the decision made. The question now is what can be done to fix whatever damage was done that could have been done otherwise.

Where did this occur, county and state?

Kayla Barke
Kayla Barke
4 years ago

Hi Larry
What if you have to go with a public defender because you can’t afford to hire a lawyer?

Larry Forman
Admin
4 years ago
Reply to  Kayla Barke

Then you must rely on them to help you with your case..?

I’m not sure I understand your question..

Deep
Deep
4 years ago

Hi Larry. I recently was arrested for DWI on April 7 in Denton, Texas around 2:30 that evening. I drove 4 blocks after leaving the bars and parallel parked in front of my house. I noticed I was being followed since leaving and made sure I used my turn signals ad drove safely throughout. Once I got out of my car, however, I was told by the officer to get back into my car. He then approached my window and ask for license and registration. It then led to me saying the ABCs correctly forward, saying the numbers 52 to… Read more »

Larry Forman
Admin
4 years ago
Reply to  Deep

Deep,

It sounds like you hired an attorney and you will be reviewing your case with him. I cannot assist you.

Put your faith in your attorney and he will take care of your case.

Good luck.

Brandi
Brandi
4 years ago

Hey, I’m an EMT and got pulled over and was not aware I could refuse to do the tests with the way the cop worded the orders. I blew a .120 roadside. And when they searched my car they found a weed pipe and two empty containers with “weed residue”. I was brought in and again, was told I had to blow into the other machine and blew a .120 again. But couldn’t get any other reading due to panic attack. What are the odds of me not doing jail time and maybe get my DUI down to wreck less… Read more »

Larry Forman
Admin
4 years ago
Reply to  Brandi

Brandi,

You need to contact a North Dakota attorney as soon as possible. I am not licensed in ND and cannot provide you with legal advise, however, a licensed ND DUI attorney will be able to assist you.

Good luck.

aida,
aida,
4 years ago

hi Larry, my sister just got pulled over last night because her car got stuck in the snow and the police offer saw her . He asked if she had been drinking and she said yes because she was afraid to lie. she took the breathalyzer at the station and failed. we live in Ohio, we are going to hire a lawyer to help her case because she hasn’t graduated from college yet and we want her record to stay clean so she can get a job after she graduates. What kind of tips do you have that could help… Read more »

Larry Forman
Admin
4 years ago
Reply to  aida,

Aida,

I would recommend hiring an attorney who is well versed in the area of DUI law. This will give you at least a fighting chance. I would recommend just about any attorney on the Ohio National College for DUI Defense database.

Good luck.

aida,
aida,
4 years ago
Reply to  Larry Forman

thank you and we did fingers crossed from here!

chase
chase
4 years ago

i wrecked for my very first time in my first truck called the cops on myself to report the incident and was clearly in shock. called the station at 12am cop showed between 2 and 3 am i had been trying to push my truck back onto the road so it would be easier to tow. it was cold and rainy so by the time the cop showed up i was covered in mud, soaking wet, worn out from pushing and was standing in the middle of the street flagging the officer down. now at this time the officer aproaches… Read more »

Larry Forman
Admin
4 years ago
Reply to  chase

Chase,

It sounds like the officer prejudged you based on your demeanor; it’s very difficult, even for the most experienced of officers, to determine drug impairment simply from doing road-side tests.

Where did this occur? I would recommend hiring an attorney; you will not be able to win this alone.

Darren
Darren
4 years ago

Hi Larry. One night I ran out of gas soi purposely started swervingmy vehicle to try and make it to the gas station. I got pulled over. I gave the officer my license and told him why I was swerving. He then gives me a breathalyzer and I blew 0’s. He then accuses me of being on drugs with absolutely no probable cause. So he takes me to the hospital where I sign a consent to do a drugbtest. I was %100 sober. While signing the consent he verbally forces me to sign a DUI ticket. I refused and asked… Read more »

Larry Forman
Admin
4 years ago
Reply to  Darren

Which county and state did this occur in, Darren?

Smith
Smith
4 years ago

Casey county, Ky
Is Bradley Guthrie a good attorney?

Larry Forman
Admin
4 years ago
Reply to  Smith

Mr. Guthrie is an excellent attorney and he can be reached at guthrielaw@live.com. Tell him I recommended him.

Smith
Smith
4 years ago

My truck was parking in a parking lot I was standing outside of the truck with the keys in my pocket on the phone, had been there for several minutes. Officer pulls in behind me walks up and asks if I was drinking. I didn’t know where all this was coming from so I said no. He went back to his car and moved it. He then came back with a breath test and told me to blow and I said no tell me what your doing here. He repeated himself and I said no and asked again why he… Read more »

Larry Forman
Admin
4 years ago
Reply to  Smith

Smith,

What county and state did this occur in?

LB
LB
4 years ago

I am in the state of Illinois. Last May I got into a nearly fatal motorcycle accident. I hit a vehicle at an intersection, we were both speeding. The people in the car I hit were fine. However I was not so lucky. Itbroke so many bones that I lost count. I broke every bone in my face at least once. Lost nearly half of my teeth and a lot of the bone my teeth were in was completely destroyed. My mouth was literally ripped open. I was unconscious. They thought I was or would soon be dead. Yet they… Read more »

Larry Forman
Admin
4 years ago
Reply to  LB

LB, I am terribly sorry you had to go through such a horrific experience.. I cannot imagine what you must be going through right now. What I would suggest is you contact an Illinois Defense attorney, a list of DUI specialists can be found here: Try this list of DUI lawyers: https://www.ncdd.com/find-an-attorney/usa/illinois You probably have an outstanding bench warrant from failure to appear in court on your case — and the Department of Transportation has been notified of that failure to appear, thus suspending your license. Although I cannot advise you on Illinois law (I would be practicing without a… Read more »

John
John
4 years ago

Hello Larry, I was out with some friends attempting to get into a Bar in Athens, Georgia. I was denied entry from the bar and upon walking away an officer demanded to see my identification. I showed him my License which he inspected thoroughly and asked me if I had been drinking. I responded no and he asked me to go with him. He took me to the side of the road and asked if I believed he smelled alcohol in my breath. I replied no and he claimed I was lying, the wind was blowing against me so I’m… Read more »

Larry Forman
Admin
4 years ago
Reply to  John

John,

I am not licensed in the state of Georgia, so I cannot provide you with legal advice.

However, I guess my question is did you have any alcohol in your hangs? I don’t know the Georgia statute he charged you with — but being in “possession” of alcohol, to me, means having a container; not, as the officer claims, having it in your system.

I’d contact a Georgia attorney ASAP.

Good luck.

Tae
Tae
4 years ago

I pulled over the side of the road to check on my spare tire. Apparently, someone said I was in the middle of the street but when the officers pulled up about 3 minutes later they were parked on the side as myself but I was told different. When I was in the vehicle officer asked for my license and registration and asked me to get out of the car. He did a test where I followed a light with my eyes, stand on one leg for 30 seconds and walk straight. I passed the first one and failed the… Read more »

Larry Forman
Admin
4 years ago
Reply to  Tae

Tae,

What state did this occur in? I would highly recommend you hire an attorney for your case. Do not go it alone, as neither prosecutors nor judges will pay much heed to a pro se defendant such as yourself.

If this occurred in Kentucky, feel free to give me a call: 502-931-6788.

Tae
Tae
4 years ago
Reply to  Tae

This happened in the state of Maryland.
Also it is a DWI and not a DUI if it makes any difference.

Larry Forman
Admin
4 years ago
Reply to  Tae

DUI, DUII, OUI, OUII, DWI, DWII are all synonymous. Different stes use different abbreviations for the same thing.

I would try the National College for DUI Defense:

https://www.ncdd.com/find-an-attorney/usa/maryland

Not sure where in Maryland it occurred, but Leo Stamm is an amazing attorney and the current chair of NCDD.

Good luck.

Dashorn Allen
Dashorn Allen
4 years ago

Hi Larry, me and a friend shared 3 small cans of beer in the morning at NJ Beach. About 5 hours later I was pulled over because I made a wrong turn. Told the officer I’m lost missed a turn on my GPS, the officer was nice enough to give me directions and no ticket because I’m obviously not drunk. About 1 hour and a half later I felt sleepy on my way home so I stopped at a gas station on the side of the freeway to get some sleep. As im sleeping I was awakened by flash lights,… Read more »

Larry Forman
Admin
4 years ago
Reply to  Dashorn Allen

Dashorn, DUI is a very serious offense and carries very HEAVY consequences if you are convicted. I would NOT not go it alone. Hire and attorney who knows the law. It sounds to me like the officer did not comply with statute, although I don’t know NJ law, if he did not read you the implied consent (different states have different laws on the issue) before you took the test. I HIGHLY recommend you speak to and hire an attorney. It is your best chance of winning at trial. I believe NJ does not offer jury trials in DUI cases… Read more »

Megan
Megan
4 years ago

A couple of years ago my fiancé got a DUI. He took the breathalyzer… It read 0.00. He somehow was still arrested, and later took a blood test. The blood test came back negative. How were they still able to charge him with a DUI when blood and breathalyzer a both came back with negative results?

Larry Forman
Admin
4 years ago
Reply to  Megan

Megan, Unfortunately, until the conclusive tests results all come back negative, the state is at liberty to charge and have a pending case against any individual suspected of operating a motor vehicle under the influence of something. May be he performed poorly on field sobriety tests, or may be the officer thought he saw, smelled, heard, etc. something that he suspected was affecting your husband’s motor functions. (Sometimes, a simple lack of sleep could be such a cause.) He needs to speak with an attorney in your state to see if you can get the charges dismissed if the state… Read more »

Garret
Garret
4 years ago

What should a person say to an officer when he asks if I have been drinking tonight? (presuming I have taken 2-3 drinks in the past few hours.) Thank you.

Larry Forman
Admin
4 years ago
Reply to  Garret

An excellent question, Garret. I am surprised you are the first person to ask it. There is no good answer, at the end of the day but you have a few options: 1) Tell the truth, in which case you just turned into a DUI stop whereas before he may have just let you go. 2) Lie, and tell the officer you haven’t. However, if he or she smells alcohol on your breath (or in your car) you will be arrested anyway and now will also be portrayed as “untruthful.” 3) Best option is to either not say anything at… Read more »

Adam
Adam
4 years ago

Hello I got a DUI and only had 2 drinks . I was tricked into doing a breathalyzer which I didn’t take a deep breath for .099. I had a full conversation with the officer and passes all tests which he lied about a couple stuff in his report . Such as not being able to stand correctly (had flip flops on which is harder to balance them on your feet and do what he wants). Then I was hand cuffed and taken in . Treated in a very inhumane fashion of being put in a cell for 4 hours… Read more »

Larry Forman
Admin
4 years ago
Reply to  Adam

Adam,

Suing for trauma is very difficult in any State. You have to prove actual damages, which is not always easy, especially if their defense is going to be “safety,” “protocol” and “simple processing of a DUI arrestee according to Department Policy.” Now, that is not to say that their policy is improper, or was improperly used in your case.

But, it sounds like you may have a case, given your situation. What state did this occur in? So I can get you to the proper source for assistance (or help you myself).

Yolanda
Yolanda
4 years ago

( Not about DUI) Tonight I got pulled over in Vincennes, IN trying to go back to Terre Haute , IN. It was for speeding too. It was my first time getting pulled over. I was nervous. My gps say 75 but the speed limit was 60. He said I was going 80. I didnt argue with him. He called for back up. I am a well dress lady , college student at that. Mind you it is 2: 15 am. He asked if I have been drinking, I said no. He said where are you coming from ” a… Read more »

Larry Forman
Admin
4 years ago
Reply to  Yolanda

Yolanda,

I am sorry you had to go through that process.

What do you mean when you say that “Once I passed he said it was proceduress, I just knod my head up and down agreed” ?

Did you get arrested? Are you charged with anything?

josephine
josephine
4 years ago

hi my name is jo I was pulled over bye the police for ringing up mental heath on a side st beause I wanted to kill my self the police didn’t ask me if I was drinking or didn’t take a breath test they did arrested me for drugs which I didn’t take I had to have a blood test now I got a letter in the mail saying alleged affence saying DRIVE ETEMV UNDER INFLUENCE OF LIQUOR (NO BAC READING I sill don’t no what that means i have to go to court what are my rights thanku

Larry Forman
Admin
4 years ago
Reply to  josephine

Jo,

What state did this occur in?

Mike
Mike
4 years ago

10/27/2015 09:23:37 pm So, I was driving home from a bar this past Friday, I had a good buzz going. I was driving in the rain and someone pulls out in front of me. I swerved and still clipped her back bumper. I wasnt able to stop right away as it was slippery out and my breaks were not working properly. I got maybe a block away and pulled over. I was outside of my car looking at the damage. The cops show up and ask how much I had to drink. I stated the normal response we all say”… Read more »

Larry Forman
Admin
1 year ago
Reply to  Mike

Mike,

Was this in Kentucky?

Give me a call. 270.945.2778

Mike
Mike
4 years ago
Reply to  Larry Forman

No this was in Wisconsin

Larry Forman
Admin
4 years ago
Reply to  Larry Forman

I would suggest going to https://www.ncdd.com/find-an-attorney/usa/wisconsin to find great attorneys specializing in the area of DUI law.

Andrew Mishlove, who is at the top of the list, is a fantastic DUI attorney. I highly recommend him, if he’s in your area.

Good luck.

Chris
Chris
4 years ago

I live in Missouri and had a recent night where the wife, my 2 children under the age of 12 and myself headed home from a family BBQ after having drinks. Probably was over the legal limit, but was very aware and felt safe driving. If i was to have gotten pulled over, what could of been the possible reprocussions of the children being in the car? Also wife had also been drinking. I know it sounds bad, but just wanted to know some rights i would have concerning refusal to tests and what could be the outcome concerning the… Read more »

Larry Forman
Admin
4 years ago
Reply to  Chris

Chris,

First off, don’t drink and drive; especially when your family is in the car. Second, I am not licensed in Missouri, so cannot provide a good answer as to what are the consequences of refusing in that state; likely a license suspension, possibly another refusal charge. Third, do not drink and drive. Finally, don’t drink and drive.

charles barnes
charles barnes
4 years ago

Hello…This is my situation I was sitting in my car listening to my radio reading a book and having a few beers at my campsite at padre island national park tx. I had been there several hours, when a ranger pulled up.i thought he was checking for my camping register make sure I paid etc…the area I was at was deserted I was the only one there he then asked me if I had been drinking and I said yes ( I was at my campsite and alcohol is allowed) then the fun began…I refused both the fst and pbt.… Read more »

Larry Forman
Admin
4 years ago
Reply to  charles barnes

Charles, The Federal DUI statute mimics in large part the elements required to prove the case in a state case: 1) Operation, and 2) 0.08 or intoxication. The case will be held in Federal Court instead of state court, naturally, but the penalty range should remain largely unchanged. You will need to hire counsel to help you with this case — it sounds like there is a defense to operation/physical control (depending on the jurisdiction that you are in). I know Texas is pretty bad when it comes to DUIs. Go to http://www.NCDD.com and under the find a lawyer section… Read more »

Danny
Danny
4 years ago

Hello I was pulled over for a missing license plate light. Then asked if I had Bern drinking and said yes earlier that evening. I had a total of 4 drinks within 4 hours and last one. Was 2 hours prior to being stopped. I took the FST’s then refused the breathalizer but said I’d take the blood test. He detained me and I took the test at the station. Does this count as a refusal since I refused the breathalizer ? Thank you

Larry Forman
Admin
4 years ago
Reply to  Danny

Danny,

What state did this occur in? In Kentucky, if you submit to any of their tests, you will not be marked as a refusal, usually. The prosecutor may try and get up in arms, but I doubt they will succeed in front of a judge, unless, again, you are able to suppress the blood for whatever reason. As you can see, it gets a little hairy.

If this was in kentucky, email me at larry.com, I can help.

Tom
Tom
4 years ago

I was pulled over for speeding so there is not much video tape bc i drove less 1/4 of a mil of my driving when pulled over I replied “a little” when asked if i had anything to drink tonight. Asked for a lawyer when asked to do FSTs and I refused the breathalyzer. On video my driving is straight and pulling over which was not erratic. When I left the car to be placed under arrest I did not stumble or brace myself on anything. Will most of the prosecution’s evidence then be the officer’s observations, ie slurred speech,… Read more »

Larry Forman
Admin
4 years ago
Reply to  Tom

Tom,

You are pretty much right on the money. The officer will focus on what he saw, smelled, and heard.

You need a competent DUI Defense attorney to handle your case. If this was in Kentucky, feel free to reach out to me. If it was somewhere else, email me at larry.com and I will direct you to the right lawyer.

Good luck.

wilson
wilson
4 years ago

I was wrongfully pulled over and them arrested for dui. The officer lied in court and the case was thrown out. I refused the breathalyzer and now they want to take my license. Can I win that in civil court?

Larry Forman
Admin
4 years ago
Reply to  wilson

Wilson,

A refusal may still be used in a separate and distinct action against you as it is not inseparably intertwined with the DUI.

If you are acquitted of the DUI, you may still be “guilty” of the refusal to take the breathalyzer. That refusal hearing may be with the court or a DMV officer, depending on what state you’re in.

Rod
Rod
4 years ago

Hello Larry, I was in a situation the other day involving police. I am underage and was having a little get together at my house. Everyone parked on the street even though you aren’t supposed to park there over night. A girl forgot something in her car and I offered to walk her to the car. We sat in the back seat of the car for a couple minutes talking when a flash light came on outside the vehicle. The officer looked in the trunk then at us through the window. He then walked around the vehicle to my side… Read more »

Larry Forman
Admin
4 years ago
Reply to  Rod

Rod,

In most jurisdictions, since you were not operating a motor vehicle, but are still underage, you will be charged with possession / consumption of alcoholic beverage while not attaining the age of 21.

An attorney should be able to get you volunteer work and have the charge dismissed after you complete it.

This is not a very serious charge, but can be if not handled properly. It also depends on whether it is going to be in juvenile court (if you’re under 18), or adult court.

Good luck.

Byron estrada
Byron estrada
5 years ago

Hi Larry I was pulled over for speeding on a 55 zone at a 75. So I assume thats a probable cause to be stopped. That night It was my turn to be the designated driver so my girlfriend could drink in peace . I assume the cop smelled her alcohol cause she was closer to him. I did the sobriety test and taken to the station to do the breath test but since he couldnt get the desired results. He offered me the blood test and I refused it for personal reasons. I was let go almost immediatelly after… Read more »

Larry Forman
Admin
5 years ago
Reply to  Byron estrada

Sounds like there is a lot going on here. The cases will be tried together since they emanate from the same set of facts. What state did this occur in? Every state may have different blood draw laws. Some states have stricter requirements than McNeely. Give me a call 270-945-2778.

Stephanie silvers
Stephanie silvers
5 years ago

Hello, How are you? Good I help. I am not so good myself last Saturday june 20, 2015 I was traveling from lexington, ky to pikeville, ky which is 130 miles apart which is about 2 1/2 almost 3 hours away, it was raining and I do admit to speeding. I ran into the back of a truck at alight and my car is totaled. I walked over the gas station because I was in shock and came back and an officer was there . I was not drunk i admitted to having 2 shots before I left lexington, ky… Read more »

Larry Forman
Admin
5 years ago

DUI arrests after an accident are some of the most complex situations because, arguably, a person could exhibit all forms of “drunkenness” (with the exception of the smell of alcohol) due to the trauma from the collision.

It sounds like you will need a lawyer to help you with your charges. Feel free to call or text me at 270-945-2778.

EDIT: Thank you for the call; I hope I was able to help you with your issues, and am sorry I cannot take the case due to the lengthy commute. Good luck with your local attorney.

Justin
Justin
5 years ago

After having a few drinks after work I came home and hit a parked car in my apartment complex. There was significant damage to the parked car and to mine as well. My car was still drivable so I took it up around the corner to my parking spot (100% out of site of the accident) after looking at my car for several minutes and getting my head together I walked down to the scene of the accident where police had already arrived . The police did not see me get out of my car but I admitted to hitting… Read more »

Larry Forman
Admin
5 years ago
Reply to  Justin

It sounds like there is an issue with the reading of your rights. Failure to explain the implied consent provision of KRS 189A.103 to a suspect will render the test or a refusal to test ineffective, and therefore your license should not be suspended as a result.

Call me so we can talk: 270-945-2778.

Scott
Scott
5 years ago

In Michigan, I was driving about 20 in a 30 zone. I passed a cop who was sitting on the opposite Sid of the road. I parallel parked in front the bank. Engine off keys in pocket. I was getting my papers around for the bak when he did a uturn and pulled up behind lights on. He came and why I was doing 17 mph. I told I was going to park to go in the bank. He asked me if I had been drinking I said no and he said it sure smells like you have and gave… Read more »

Larry Forman
Admin
5 years ago
Reply to  Scott

I am not licensed to practice law in Michigan, so I cannot give legal advice. However, I can tell you that one of the factors the officer looks for in DUIs is slow driving — it is sometimes indicative of impairment. So, he may have had the reasonable suspicion required to stop you. However, the problem with your case is that you blew above a .12 despite the fact that you did not drink since yesterday. The PBT may have been deceptive as your BAC was probably not that high since you say it’s been 8 hours. You need to… Read more »

Courtney
Courtney
3 years ago
Reply to  Larry Forman

Hi,
I recently was in a tradfic accident and go into a collison with someone, we were both ok. My license was suspended at the time of the accident. we both go tickets however another officer showed up and stated he smelled alcohol.I took two of the field sobriety tests and he then asked for me to take the breathalyzer and i said no. I did pass the other two tests! Do i have a case?

rene raymond
rene raymond
5 years ago

i’ts more of a question. I was charged for dd without being in my car as I was in a restaurant having breakfast when two cops came in because of a complaint from the waitress I had a strong smell of alcool. The cops ordered me outside for a breathlyzer test I refused twice while telling Telling them that I will walk home. Since then the charge has been dropped.due to lack of proof. .Now they are charging me for failing to blow. Can they do that?

Larry Forman
Admin
2 years ago
Reply to  rene raymond

Rene, All 50 states have implied consent laws in place. That means that by virtue of the state issuing you an operator’s license, you ‘impliedly consent’ to a test of your breath, blood, and/or urine, if you are suspected by a law enforcement officer of operating a motor vehicle under the influence of something. In most states, failure to blow is a violation, but usually not a separate offense. And in many states, like Kentucky, failure to blow on the PBT (Preliminary Breath Test) has no consequences. Only if you refuse at the station, do you lose your license. So,… Read more »

P
P
5 years ago

can i obtain your services? im in elizabethtown. court date scheduled for june 19th

Willard
Willard
5 years ago

I was pulled over and arrested for dui in illinois. I failed the portable breathalyzer in the field even though I had two drinks within 1and a half hours. But never got offered a chance to blow at the station to clear my name. Is this legal? Can I beat this?

Larry Forman
Admin
5 years ago
Reply to  Willard

I don’t know Illinois law, so I can’t help you. Try this list of DUI lawyers: https://www.ncdd.com/find-an-attorney/usa/illinois

Alicia
Alicia
5 years ago

Hi Larry, I have a few questions related to a DUI arrest. My sister and I were out Friday night and were pulled over in PA, we are from PA. She was driving they did the FST’s and then had her do the breathalyzer test and blew .17. We went to the station where she did the one there and it wouldn’t register and they kept telling her if it didn’t register it would be a refusal. She told them every time she was doing what they wanted and she wasn’t refusing and by the third time of them telling… Read more »

Larry Forman
Admin
5 years ago
Reply to  Alicia

Well, I do not practice in PA and cannot give you legal advice, but it sounds like there may be a refusal issue. If she claims to have blown, but it was a problem with the machine, then perhaps her refusal was marked improperly.

Of course, the officers don’t care, and will mark her down as a refusal anyway.

Also, there may be a denial of the assistance of counsel issue.

I would hire a PA Lawyer who focuses on DUI Defense. Here’s a good list: https://www.ncdd.com/find-an-attorney/usa/pennsylvania

John Ososkalo
John Ososkalo
5 years ago

Hey Larry, I was pulled over last night in Ohio drunk and I refused the breath test and later at the station also refused the urine test. I am set for court on the 29th of May. Are these charges worse than if I actually took the breathalyzer right away? Thanks for any info

Larry Forman
Admin
5 years ago
Reply to  John Ososkalo

Refusal will require you to surrender your license, but it makes your case a lot easier for your attorney to work in court. Try this list of DUI lawyers in Ohio, since I am not licensed to practice law in Ohio: https://www.ncdd.com/find-an-attorney/usa/ohio

J. Berry
J. Berry
4 years ago
Reply to  Larry Forman

My brother’s situation is similar to J Ososkalo. It’s strange in that after refusing the breath test he was taken to the hospital, given a blood test which confirmed 4x the limit, was sent home with his wife and told he’d be charged tomorrow. Will they pick him up, cuff him and taken into custody or require him to be taken by his wife?

Larry Forman
Admin
3 years ago
Reply to  Larry Forman

J.,

It is definitely a rare occurrence not to be charged and taken to jail immediately for processing, but because he blew over 0.3, it is most jails’ policy to take/keep the individuals in the hospital due to the danger to the subject’s life (our bodily systems begin to shut down at the 0.35 to 0.4 BAC levels).

He may not be in custody ever, or may be only if convicted.

rene raymond
rene raymond
5 years ago

At 6.20 am I decided to to a certain restaurant for breakfast. Once inside I give the waitress my order and paid upfront with a dollar tip then she said your breath smell like alcohol I will call the cops and I seen her do it but I wasn’t worried so I went and sat down waiting for my breakfast, One hour after 2 cops come in and headed straight to my table and asked me to come outside mind you I wasn’t finished my breakfast but I went outside with them then one cop said to me your drunk… Read more »

Larry Forman
Admin
5 years ago
Reply to  rene raymond

That sounds like an extremely unusual case… Not going to lie. The prosecution is going to have a nightmare proving operation — nobody saw you drive (except may be the waitress, if that is the case.)

Without her testimony that you were driving, I’d say they are pretty screwed on proving operation.

Where was this? Talk to a lawyer that focuses their practice on DUI defense.

keke Hamilton
keke Hamilton
5 years ago

I was pulled over July 5th of 2014 I got out of my car and then I was asked to do pbt and a fst i refused the pbt and the blood test. Can I fight this and possibly win? Oh and when doing the fst I told them my balance was off due to me breaking my ankle a couple months ago.

Larry Forman
Admin
5 years ago
Reply to  keke Hamilton

Quite possibly. Injuries will help combat the accuracy of the FSTs, and your refusal will help you because the prosecution cannot proceed under the per se statute.

Jay Tarver
Jay Tarver
5 years ago

I was muddin with a couple of friends which they was drinking. I wasn’t because I was driving. I slid and hit a tree with my truck. Nobody was hurt at the time because I kept asking them. We went to my house because that’s where there car was. I took 3 drinks of a mixed drink. Truck was parked, keys in pocket. Apparently the female passenger went to ER complaining about shoulder pain. They contacted KY State Trooper. 4 hours later the trooper came to my house, woke me up and arrested me for DUI. Because she said we… Read more »

Larry Forman
Admin
5 years ago
Reply to  Jay Tarver

Jay,

To answer your question — the cop can charge you with anything they want. If they claim they have witnesses that will testify that you have been drinking followed by you driving (despite the fact whether it’s true or not), they can arrest and charge you.

Now, whether or not they have enough to convict you is a different story. This is where I come in.

Which county did this occur in?

Give me a call. 270.945.2778.

Blake talbott
Blake talbott
5 years ago

What if you blew slightly below a .08, but the officer did not blood test you? And what if he told you you passed your sobriety test? Ps i did serve a night in the slammer and do have a set court date.

Larry Forman
Admin
5 years ago
Reply to  Blake talbott

Blake,

Was this in Kentucky? The blood test is usually your option in the Commonwealth if you choose to submit to the officer’s test. They are under no obligation to blood test you, especially if you’re over the limit.

If you’re under, and they suspect drugs, they may take the initiative to do a blood test to see if there are drugs in your system.

If the officer told you that you passed your SFSTs, then you likely have a better case than most.

If this was in Kentucky, give me a buzz. I can help you. 270.945.2778.

Cory
Cory
5 years ago

I was recently arrested for DUI in Washington state I consented to fst but failed because I was stumbling heck I can’t even do it sober then apparently they attempted to do a BAC but I threw up and started crying profusely according to the police report. So then it was not performed and the police put it down as a refusal I’m am requesting my dui hearing through the dol and I’m representing myself because I am unable to afford another attorney. I have never been in trouble with the law a day in my life. I am nervous… Read more »

Larry Forman
Admin
5 years ago
Reply to  Cory

I’d highly recommend you hire a skilled and experienced DUI defense attorney. It’s hard to do these cases on your own. You are almost guaranteed failure.

Austin
Austin
5 years ago

Hi , I was pulled over as soon as I got out of a bar n grill , he told me to sobriety test on a straight line after checking my eyes, which I did, then he asked me to do breath test I refused both, there’s was no paper work given to me whatsoever , never had a DUI , i am 42 years old only had 2 tickets , he got me arrested after I told him I’ll be a police officer in 2 days, I was released after a couple of hours and a pre- trial set..… Read more »

Larry Forman
Admin
5 years ago
Reply to  Austin

Was this in Kentucky? Give me a call tomorrow – 270-945-2778.

Austin
Austin
5 years ago
Reply to  Larry Forman

Hi Larry , the officer did not ask me to blow for a test, he told me walk a line I did then later I refused and asked for my lawyer, he cuffed me took me into his car, he later asked were I work I told him , he called my soon to have job and they fired me , the cop told me that ” they don’t want my kind in any police work. At the police station no blood or any other test done , fingerprinted and was let out , am set for trial in August,… Read more »

Larry Forman
Admin
5 years ago
Reply to  Larry Forman

I think you do. Talk to Steven Oberman in Tennessee. He is the DUI Guru there.

bob witt
bob witt
5 years ago

got pulled over after a long night of drinking. slept 5 hrs. blew over the limit although the time i was pulled over was 612am n 920am was my failed test.they took me to 3 locations b4 the breath test worked. 2 state police barracks n finally wharton nj police station

Larry Forman
Admin
5 years ago
Reply to  bob witt

Sounds like you may have a case. Talk to a NJ attorney that focuses on DUIs.

Edward
Edward
5 years ago

Hello i was pulled over in dec 2014 leaving my sister’s house where i had been crying because me and my sister were talking about my mothers poor health problems. That had made me very upset. I was told i was stoped for no front license plate i told the officer it was because i have a custom bumper. And that my mother had recently told me that was a reason to be stoped and i should find a way to put it on. the office stated he smelled alcohol and my eyes were bloodshot he ask me to step… Read more »

Larry Forman
Admin
5 years ago
Reply to  Edward

What state was this in? Did your actually blow a .135? If so, then probably not. As in most states, like Kentucky, the PBT is not admissible in court.

James
James
5 years ago
Reply to  Larry Forman

I was in a one car roll over accident and refused blood test officer tried to get me to do… questioned me at hospital I was really hurting bad and didn’t sign or agree to anything he said wasn’t arrested or taking to jail..but now have a warrant for misdemeanor DUI…should I do a walk thru and plead no contest because I have no money for lawyer

Nick
Nick
5 years ago

I went into a ditch in the snow and was pulled over(4 inches, fresh, down a steep hill). I’d bumped my head, and a guy stopped and said he’d called a cop, but he had a flasher. I said I’d go get the tractor just up the road to unstick the truck and he never said stop or no. then was a bit confused by the bump on the head and got a little lost. I eventually found my way and was put in a cruiser at the farm house(never did get that tractor). I refused a breathalizer, but foolishly… Read more »

Larry Forman
Admin
5 years ago
Reply to  Nick

Nick, you need to call Andrew Mishlove. (414) 332-3499.

Very good friend who practices DUIs up in Wisconsin.

Tell him I sent you.

Good luck. Sounds like a hell of a case.

Nick
Nick
5 years ago
Reply to  Larry Forman

Thanks, I’ll do that. I thought it sounded like a doozy of a case. Sure is a headache literally as well as figuratively.

Pete
Pete
5 years ago

I was at a frends house drinking a few beer i was home misjudged my driveway and got stuck in the ditch. A cop on his way home pulled up behind me. I made a big mistake and told him u got me. He explained to me that if i refused the tests it would be a civil charge but when i was released from jail i saw im being charged w a class 2 misdeameanor because this was my 2nd offense in 10 yrs. Now im facing 6 months in jail and losing my license for 6 yrs because… Read more »

Larry Forman
Admin
5 years ago
Reply to  Pete

Well, it sounds like you shouldn’t have admitted guilty. That way, even the refusal does not help you much as the cop can simply tell the jury what he heard you say and it’s admissible as non-hearsay since it falls under the admission by a party opponent exception.

I would hire a VA Lawyer who focuses on DUI Defense. Here’s a good list: https://www.ncdd.com/find-an-attorney/usa/virginia

Rosemary
Rosemary
5 years ago

Larry I was pull over because I swirl off the side of the street, he ask had I been drinking, I stated yes one drink over two hrs ago. I refused to take the sobriety test, but agreed to take a chemical, the nurse attempt one time to draw my blood and stated I was dehydrated. Do you think I could have this thrown out in Georgia?

Larry Forman
Admin
5 years ago
Reply to  Rosemary

Well, it sounds like you will be marked as a refusal, and you will lose your license (if you haven’t already). Just like the gentleman, Chris, above, you have made your case better.

I highly doubt it will just be “thrown out,” because prosecutors are under a lot of orders across the country with regard to DUIs (in large part thanks to MADD and the cash flow that DUIs generate), however, your lawyer should be happy to have the facts you have — especially if you look good, i.e. not intoxicated, on camera (if there is a recording).

Chris
Chris
13 years ago
Reply to  Larry Forman

Thanks Larry

Karen Young
Karen Young
5 years ago
Reply to  Rosemary

Check out Florida Statute 316.1932(3). You are entitled under Florida law to have an independent test done at your own expense in addition to any test performed by the police officer as well as have a test done if the officer does not.

Chris
Chris
5 years ago

Hey Larry! I live in Florida and recently got pulled over. I refused both the breathalyzer and the field sobriety tests. They arrested me. After I was placed under arrest I stated multiple times to the officer on scene and the county jailers that I wanted to take a blood test. The officer said they don’t do blood tests and took me to jail. I’m sure my statements we’re recorded inside the police car. When my lawyer gets Discovery will asking for a blood test at the scene help me get this thrown out? I hope so 🙂

Karen Young
Karen Young
5 years ago
Reply to  Chris

Check out Florida Statute 316.1932(3). You are entitled under Florida law to have an independent test done at your own expense in addition to any test performed by the police officer as well as have a test done if the officer does not.

Larry Forman
Admin
5 years ago
Reply to  Chris

I don’t know FL law, but I can tell you that doing what you did made your case better and the prosecution’s case harder. You will (if you haven’t already) lose your license, but kudos. Your lawyer will be very happy.

Chris
Chris
5 years ago
Reply to  Larry Forman

Thanks Larry

Jason
Jason
1 year ago
Reply to  Larry Forman

Mine was just the opposite where I declined all Field sobriety tests roadside PBT but the officer declined the jailhouse data master for the blood test. I begged him for the data master, then finally just said OK to the blood test. Officer also said “I will help u out with this. Then I get the refusal charge lol. I was just trying to take the data master. She.

Kimberly Afams
Kimberly Afams
5 years ago

My husband was arrested for dui, he did the pbt. They never read him the results, instead wrote on the paper work that he refused it.

Larry Forman
Admin
5 years ago
Reply to  Kimberly Afams

It sounds like he may have refused the Breathalyzer at the police station. Was this in Kentucky? The PBT is not admissible in Court, and refusing/blowing into that really has no ramifications other than determining probable cause for arrest. Call me — 270.945.2778; I may be able to help.

Jessica
Jessica
5 years ago

I have received 2nd dui . I blew in the machine 3 times and each time it did not accept it, so he gave me a refusal. I asked to take another test, & he said no. I think my alcohol content was legal limit and he didn’t want to look stupid so he went ahead and gave me a refusal. Why didn’t he have me take a blood test to show proof of any alcohol in my system ?? How much trouble am I looking at? I feel like every lawyer is trying to scam me and just in… Read more »

Larry Forman
Admin
5 years ago
Reply to  Jessica

Jessica,

Is this a recent case? Did it happen in Jefferson County (or neighboring counties) in Kentucky?

If the answer to those 2 questions is ‘yes,’ then we should talk. Call me at 270-945-2778 or email me at larry.com.

jeremy
jeremy
5 years ago

Why are you encouraging people to evade breath tests when, judging from the comments here, most of them have been drinking and driving? You can ‘lawyer’ your way out of this by suggesting you are only representing the law – but this is a total abdication of ethics and integrity. As a doctor I see the end of result of people drinking and driving all too often — the drunks are almost uniformly uninjured but the people they collide with are critically injured.

Anything for a buck I guess?

Tanya
Tanya
4 years ago
Reply to  jeremy

Let me say this Jeremy, this man is keeping real for us ,like me a cancer patient , that is being railed, just because an officer left out almost everything that matters , things in the report,At the moment I have a lawyer Not all of us are doctors Jeremy . Some of us really r innocent! So u see the aftermath of drunk drivers, but your worse than any of these people, ur a doctor legal drug pusher ,its US mothers that deal with the trauma u cause… I would say we all need help Doc!

Larry Forman
Admin
5 years ago
Reply to  jeremy

Yes. Yes I am “encouraging people to evade breath tests.” ESPECIALLY if they have “been drinking and driving.” And even more so if they think they are over the 0.08 limit. Why? Because that is how you prepare yourself for a fight in court (sacrificing your Operator’s License, of course, to make a tougher case for the prosecutor.) Any attorney who says otherwise is not worth his or her salt. And ethics? Pray tell, how is one’s refusal to provide incriminating evidence unethical? I can see how morally it may not sounds right, i.e., “I got in trouble, now I… Read more »

Larry Forman
Admin
4 years ago
Reply to  Larry Forman

Dylan,

You need to speak with an attorney who focuses their practice on DUIs ASAP.

NCDD.com is a good resource to get your started.

myra bae
myra bae
4 years ago
Reply to  Larry Forman

Thank you for your site and advice! To not be forced to give evidence against oneself is a cornerstone of a just law.

Dylan
Dylan
4 years ago
Reply to  Larry Forman

I love how I find out about refusing the tests AFTER the situation happens. So yes, I did take the tests.. What do I do? I live in Arizona.

Tanya Stoia
Tanya Stoia
4 years ago
Reply to  Larry Forman

Nice !

Wyatt
Wyatt
5 years ago

I was hit in a parking lot by a new driver and when the police arrived I talked to him and me and the girl explained what had happened.. She pulled out in front of me and hit me. We talked for several minutes then he asked me to move my truck so traffic could still get by and I did. He then filled out the accident report and have me a paper. After waiting around longer I asked if we we’re free to go and he said when the tow truck gets out of my way I can. A… Read more »

Larry Forman
Admin
5 years ago
Reply to  Wyatt

Cops can do whatever they want. If during the first 99% of the interaction with you he did not suspect alcohol was involved, but in the last 1% he did — he can arrest you if you fail the tests and/or the PBT. Question is, did he do the tests correctly, and was the PBT calibrated, etc. Did you blow at the station, as well? If you looked sober for that long, may be the cop was in the wrong. Hire an experienced DUI attorney to take a closer look at the case. As for the car damage, on the… Read more »

christy
christy
5 years ago

I got a dui. We was already on the side of the road and a highway comes up and made me do all the tests he said I failed . He then takes me to the pd and has me wait 15 minutes before I do the test and he let’s me drink water while I’m waiting . I take the test and pass and he takes me to jail where I get punched in the face by a another inmate . I have a fever they make me do my own strip search cause they have no female officers.… Read more »

Mr. Law
Mr. Law
1 year ago
Reply to  christy

You should have smeared the walls with blood in your cell and stated you used it as a pad as they didn’t provide any.

Larry Forman
Admin
5 years ago
Reply to  christy

Christy, you need to contact a Utah attorney as soon as possible. I am not licensed in Utah and cannot provide you with legal advise, however, it sounds like your rights were violated by the police station and you may have recourse against them.

Mike
Mike
4 years ago
Reply to  Larry Forman

The 15 min wait is called the “baker test” and is used to insure there is no residual alcohol in a persons mouth during the test that could influence the results.

Also, in Utah if you refuse you lose your license for 6 months to 1 year (can’t remember which) no matter the outcome of the criminal trial.

The Officer WILL get a warrant, you WILL get your blood taken and you WILL lose your license. It’s better to just take the test.

Better yet…DONT drive impaired!!!

Jim
Jim
8 months ago
Reply to  christy

Utah has problems cops are no good sue them. Civil rights violation. Everyone else is

FascistNation
5 years ago

In AZ if you refuse the real breathalyzer, they will get a court order. and get it any way. Probable Schnobable Cause, who cares…rubber stamp magistrates are a dime a dozen. Besides while they wait they can strap you down and extract your blood. And require you to wait around for a urine sample. And then get your breath. Usually they get all three now. They want to start getting retinal biometrics and DNA too.

David K. M. Klaus
David K. M. Klaus
5 years ago

A blood analysis is more accurate anyway. It would seem to me that one should demand such, not to mention that the time required to get the test done would give you more time to metabolize what alcohol was in your system.

One driver I once read of was arrested without any test because he was “obviously” drunk. He insisted he wasn’t, and demanded a blood test, as he was actually in diabetic shock.

Of course that doesn’t mean his driving wasn’t impaired, but trying to get home so you can raise your blood sugar is not a crime.

william
william
5 years ago

Hi i am Iraqi veteran who was diagnosewith ptsd syndrome i have 3 dwis in my past in the last five years !! I recently have been charge with 2 more dwis in the last 30 days!! in which both cases i dint blow nor which i was driving both incidents by the same cop who has it out for me do u thank i have any chance by refusal and both cases i was in the car park sleep?? Need help please!! Veteran needing help

Larry Forman
Admin
5 years ago
Reply to  william

Call/text me – (270) 945-2778 or email me Larry.com

Nick
Nick
5 years ago

I was pulled over speeding 10 miles over the limit and was given an alphabet test “d-p” and the finger touch test 5,4,3,2,1? While still seated in my vehicle. He then said “I smell alcohol” and asked me to get out. I then had to stand on one leg and count which is difficult for me even sober since I have back problems. I then had to do the pen test for about five minutes before he decided to give me the roadside breathalyzer which was .15 I was taken to ky jail in leitchfield where I refused the breathalyzer.… Read more »

Larry Forman
Admin
5 years ago
Reply to  Nick

Call/text me tomorrow – (270) 945-2778 or email me Larry.com

Derek
Derek
5 years ago

I have read that in some areas, police sometimes have a judge on call to give a warrant to get a blood sample.

Larry Forman
Admin
5 years ago
Reply to  Derek

You are correct, Derek. In many jurisdictions, the police can get a warrant if you refuse to take a blood test. Sometimes, however, they don’t. And that is where trouble arises. See Schmerber v. California, 384 U.S. 757 (1966) (where given the time that elapsed from the suspect’s arrest to his arrival at the hospital for a blood draw constituted exigent circumstances, i.e. the dissipation of the blood, and the court allowed the blood draw despite suspect’s refusal); however see Missouri v. McNeely, No. 11-1425; Decided on 4/17/13 (blood draw despite refusal was a violation of the suspect’s constitutional rights… Read more »

Sienna
Sienna
3 years ago
Reply to  Larry Forman

I was recently arrested for a DWI in Texas. I refused a breathalyzer and was never asked to submit to blood test, but my police report says that i refused both. I was very cooperative & performed the FST, all of which were pretty moderate. I know there’s no guarantee, but do i have a decent chance at getting this charge reduced/dropped as there is no chemical evidence of a BAC, only the report & video? Also, officer was aware that I was on prescribed medication that could potentially affect my motor skills. This is my very first offense of… Read more »

Sarah M Posey
Sarah M Posey
3 years ago
Reply to  Larry Forman

I fell asleep in my running vehicle waiting for my boyfriend to come out of his friends hpuse seeing how i had one past oui offense i wouldnt drive only turned on the heater well i woke up to an officer asking me questions and with ptsd anxiety problems on medicine for attention deficit disoder and the officers had started asking me questions do i know where i was and myself just waking up to police n jadnt been able to take my meds yet to concentrate on what the officer was asking me about n being just woke up… Read more »

Sarah M
Sarah M
3 years ago
Reply to  Larry Forman

What if I was sleeping in the truck the police took me in to hospital where they got a warrent for my blood i live in wisconsin still havent gotten results yet but i was not aware of any type of problems that would follow my refusal so i asked for a lawyer to be present thats when they read me my rights not when they cuffed me cuz i left the heater on and fell asleep and brought me into hospital to get blood drawn is it still submissable and were they allowed to deny me a lawyer cuz… Read more »

Stephen
Stephen
5 years ago

I need help!! I was pulled over in June of 2014 for DUI. I had fallen asleep in the drive thru at taco bell took a field sobriety test and taken to jail in Jeff co. Upon arrival to jail my senses had come back to me and when taken into the room for the test I pled the Fifth amendment and wrote it on a piece of paper. He laughed and said it did not imply and then continued questioning me. I then wrote on a piece of paper that I was exercising my right to remain silent. He… Read more »

Larry Forman
Admin
5 years ago
Reply to  Stephen

I’ll help out where I can. What is your email? Email me at Larry.com.

Larry Forman
Admin
5 years ago

Terry,

Was this in Jefferson County? Sounds like you may have a defense if the prosecution withholds information which could, theoretically at least, be exculpatory.

Terry
Terry
5 years ago

I was pulled over Nov 1, I blew into 2nd roadside machine (cause1st one was dead) and it registered a fail!! I was delivered to the station where I submitted 2 breath tests. After doing both tests the officer covered up the readings with his hand so I couldn’t read them. After a period of time the breathilzer technician had told me I failed both tests with 1st result being 170 and 2nd being 150. There is no print out of results just hand written saying what I blew!! Do they have to show you results?

Shannon price
Shannon price
5 years ago

I was pulled over and wasnt not asked to do the fst but a breath test instead after telling the officer that I have a beer when I was waiting to take someone else home who was drunk! The officer also put donw that he pulled me over a mile or more away from where he really did!

Larry Forman
Admin
5 years ago
Reply to  Shannon price

Shannon,

Is this a recent case? Did it happen in Kentucky? Are you being prosecuted for a DUI?

If the answer to all 3 questions is ‘yes,’ then we should talk. Call me at 270-945-2778. We may be able to get the case resolved in your favor.

Daniel tucker
Daniel tucker
6 years ago

It’s from my expierience that a jury typically takes an officer’s word to be true. Is there I chance of having it thrown out of court by the judge?

Larry Forman
Admin
6 years ago
Reply to  Daniel tucker

Daniel, Well, it all depends on the defense lawyer and his ability to persuade the jury that the client was not intoxicated on that day despite having a few drinks. During jury selection, you want to strike as many people who are even slightly against drinking or ones who never drove before, or God forbid, have been struck or known someone who was struck by a drunk driver. It is also the attorney’s job to analytically and very carefully cross the officer on the stand. If he can show the jury that the cop is inexperienced, did many things incorrectly,… Read more »

Larry Forman
Admin
6 years ago

Thank you for your input, Patrick. Refusing the PBT will not get your license suspended nor increase your jail sentence. Only refusing the Intoxilyzer at the station; that is correct. Your Fifth Amendment right not to incriminate yourself covers all PBT, FST, and the Intoxilyzer. Since the State cannot violate your constitutional rights by forcing you to take it (thus encroaching on your Fifth Amendment rights), they found a loophole — taking your license away. It’s dirty, but, according to the government, fair. FSTs can be attacked severely on cross at trial. It all depends on the competency and expertise… Read more »

Stephan
Stephan
4 years ago
Reply to  Larry Forman

Is it true that you don’t have a choice of which test you take? I requested to do blood instead of breath and they said that they couldn’t administer the blood test at the time so I had to submit to the intoxilyzer or be considered a “refusal to submit”.

Larry Forman
Admin
4 years ago
Reply to  Stephan

That is what the officer will tell you, Stephan, sure. And if you fail to comply with his request at that moment, you will be marked a “refusal” and your license will be suspended for the mandatory period of time. However, this is where the case begins — because in court, you have the argument that you offered to give a test of your blood and it was the OFFICER who refused to comply with you request. A judge may (or may not) agree and allow you to drive again, but it’s still better than a straight “no, I will… Read more »

Tyler
Tyler
3 years ago
Reply to  Stephan

That was your out right there. A doctor has to administer the blood test. You BAC level deminishes as you wait for a DR. THAT is how you beat a DUI.

Jacob McVay
Jacob McVay
4 years ago
Reply to  Larry Forman

I took all the tests the officer asked of me after getting into a car crash into a power line pole. I passed every single one and he said “you seem to impaired to drive turn around.” I said ” I just said I’d take breathalizer to prove I’m not too intoxicated to drive.” He never allowed me at the scene. He took me downtown where they booked me and then gave me the test on the breathalizer machine. Needless to say I blew a 0.037 both times (way under the legal limit, under half the legal limit). And was… Read more »

Larry Forman
Admin
4 years ago
Reply to  Jacob McVay

Jacob,

Where did this occur? County, city and state?

James Gents
James Gents
3 years ago
Reply to  Jacob McVay

No you can’t sue them. You can still be impaired under .08 but they have to work harder to prove. .08 is just where you are automatically assumed to be impaired. The officer will use the FST as evidence against you. Anything slightly wrong will be twisted to look like it’s because you were impaired. How can you be sure you passed the FST? Do you know what they look for? Check your state’s implied consent law, but in my state you have no right to a portable breath test. BUT you do have a right to request one at… Read more »

Dez chandler
Dez chandler
3 years ago
Reply to  Jacob McVay

My boyfriend was just arrested and his car was impounded by the police. They took him to the place where they go and draw blood and stuff and took his gun shells to when he has his gun permit and all of his medications including his asthmatic medication. He blew 0.00 and they still gave him a dui. The medications he his on he can withdrawl from and it can be deathly withdrawls. What do i do to get his meds back and is this even ok?

Dez
Dez
3 years ago
Reply to  Jacob McVay

My boyfriend just was arrested and he blew 0.00 when they took him to the place where they draw blood and stuff. The police took all of his medications impounded his car and still gave him the ticket for a dui. He will be withdrawlong from these medications which can be deathly withdrawls and took his asthmatic meds too. What do i do about this and that is completely not right!!

Tanya
Tanya
3 years ago
Reply to  Larry Forman

I can say I have been recently put on the spot ,police did a breathalyzer and blood test. OK first I feel my rights were violated as they did not explain to me of or any consequences of my choose which I declined at first and the cop then said to me you now just lost your licence, yes I refused but I did comply and allowed them to draw my blood and cop then as I said earlier,that lost licence, I have short term memory,a.d.d ,p.d.s.d and learning disability.Where they right or did I not be given information and… Read more »

Larry Forman
Admin
3 years ago
Reply to  Tanya

What part of Michigan?

Try calling Gary Wilson at (313) 246-8885

Tell him the DUI Guy from Kentucky sent you and you will get preferential treatment.

Frank
Frank
2 years ago
Reply to  Tanya

Hey tanya howd it go????I just gotna Dui yesterday any advice aId appreciate it

Ron
Ron
5 years ago

Although this advice may be good in some states, Pennsylvania law states if you refuse a PBT or any FST’s you will automatically be charged with DUI and taken to jail.
Here’s an idea.. If you’re going to drink, call or cab or have a d.d.! It’s that simple. How stupid can you be to risk not only your own life, but the life of the thousands of innocent people that you will cross paths with on your way home?? If you got a DUI, you deserved it! Grow up and take responsibility for your actions!

Barbara
Barbara
1 year ago
Reply to  Ron

I had a car accident , slid my car on a very icy road ,I was sober . Knocked unconscious at impact , closed head injury ,I was in and out of consciousness , and don’t really have reclection of much at all ,, my only injury was my head ,not even a bruise anywhere ,only above my eyes from my glasses ,my point , I’m in pa, I got a notice I’m being charged with DUI for not submitting a blood test ,, well , I don’t recall even being asked , also, the cop said I said no… Read more »

Larry Forman
Admin
5 years ago
Reply to  Ron

State laws vary. Please note that the article only mentions Kentucky law and only talks about the Commonwealth of Kentucky.

Samuel
Samuel
4 years ago
Reply to  Larry Forman

I got Into a solo wreck in nj they made me take the test fst, then breathalyzer about 6-8 times that night at the station what can I do ?

Larry Forman
Admin
4 years ago
Reply to  Larry Forman

Which part of New Jersey?

Try this link for an attorney in your area: https://www.ncdd.com/find-an-attorney/usa/new-jersey

Larry Forman
Admin
1 year ago
Reply to  Ron

You need to speak with Charles Dutko (484) 648-4500
or Sean Logue (412) 389-0805.

Good luck.

Douglas Self
Douglas Self
8 months ago
Reply to  Ron

Ok, YOU live in a fascist state where your refusal to submit to a scientifically dubious test used solely to gather evidence AGAINST you, which by law you have NO legal duty to perform, becomes probable cause to arrest! Assuming you’re correct, Ron, and I’d think the DUI defense attorneys in the Commonwealth of Pennsylvania would have a field day with that “law” (more likely, a police practice that ought to get many a department sued to the gills over false arrests). Any criminal charge requires probable cause to effect arrest. A person declining to in effect testify against himself… Read more »

Douglas Self
Douglas Self
8 months ago
Reply to  Ron

In practice, the cops can arrest for whatever they feel like doing, and typically face little if any repercussions if they’re capricious or just plain wrong. It’s a matter, once one has been arrested, and charged, and arraigned, for his ATTORNEY to determine, given the police report and whatever supporting evidence is available (witnesses,video, and so on…), if the arrest was lawful. If not, then the case should be dismissed per “habeas corpus”. Of course, that’ does NOTHING to recover one’s time and reputation lost, nor towing or impound fees if your ride gets towed away, nor other related damages.… Read more »

Nick
Nick
1 year ago

Just want to point out, being charged with a crime is not the same as a conviction…. Hence all the people complaining that you will be charged if you refused…well duh but that doesn’t mean you will get convicted, so be sure to hire a lawyer, as advised on here

Kelli Patton
Kelli Patton
1 year ago

My husband was obviously (as per the truck’s black box) having some sort of medical event when he wrecked. He was on the road 18 minutes, signaled to leave the interstate and slowed to 35. That’s what he remembers until he woke up an hour later when he called 911. He told me he had scratches on his arms, but now knows he had a large contusion on his forehead and several large bumps on his head and bruised or broken ribs. He was unable to see and was directed to sign documents during the course of what he thought… Read more »

Chippy
Chippy
1 year ago

I went through a roadblock and was asked if I had been drinking, how many drinks I’d had, could I pass a breathalyzer if he gave me one….. several variations of the same question. Simple answer- I’d had nothing to drink. Anyway, he brought the machine for me to blow into, after having used it on several other drivers at the roadblock. I wanted to refuse for the sake of hygiene, but was afraid to say no, and he’d think I’d been drinking. I asked if it was clean and he yelled “Yes, it’s clean! Blow!” I was completely disgusted… Read more »

Justin
Justin
10 months ago

Larry, I recently took my kids out for pizza. Had a drink as I was leaving and went home. Had a few more drinks at home. Police showed up and demanded field sobriety. I refused as I had been at home drinking over an hour and consumed 4 more drinks. They arrested me and charged me with dui with minors. They dropped that charge day of hearing and charged me with refusing. No court. No plea. Just handed down a sentence in the mail. I have been so wronged here. This is injustice at its finest. What can I do!… Read more »

Dylan
9 months ago

The other night i hit a pot hole or something and my tire ended up getting flat while driving home. I pulled over to fix my tire and after 5 or 10 the cops came for assistance. As I was changing my tire, the cop asked me to come with him because he assumed he had smelled alcohol on my breath since it was a Badger game day. He then asked me to take a breathalyzer and I refused. He then asked me to take a field sobriety test and I said no and then yes because I had to… Read more »

Brock
Brock
9 months ago

How can I make sure I’m getting a good attorney. Everyone already seems to think I’m guilty because I didnt blow x I simply said I wanted to speak with someone before I blew. All I’ve done so far was plea. My cars been clubbed I was put in jail for 3 days license suspended and they’ve demanded I go to substance abuse counseling which is 3 days a week 3 hours a day and I dont even have a way to get their.

Mexican
Mexican
3 months ago

If you take a polygraph you have to be telling the whole truth right you can’t just be like sitting up there like lying in like it will test you your sweat and your body to see if you’re lying all I want to know is if I if I take him if he’s sheriffs think I drink and I take their they’re there on the breathalyzer and pass it would I would they be lying

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