Redding, CA DUI Law Firms & Lawyers

You can refuse the breathalyzer, and have your driver's license suspended. The failure to take the test may result in less evidence for your DUI trial, but you can still be arrested for DUI.

In the movie _/A Clockwork Orange/_ there is a nifty quote which goes "Padre, these are subtleties!" None of the 'discrepancies' you mention would be grounds for a dismissal - even if taken together as a whole. One of them isn't even a discrepancy at all. Noticing poor motor skills and then asking you to get out of the car is common place - especially, if the officer was referring to your speech and/or movements while he/she approached the car. Officers fill out lots of reports and mistakes often get made. These discrepancies can simply be amended by the officer or corrected during testimony. However, all is not lost. If you go to trial, especially if your case gets to the level of a jury trial - your lawyer, if he is worth his salt, will hammer away at these inconsistencies in an effort to call into question all of the officers report and testimony. The bottom line in a DWI case is if you blew higher than a .10 and the officers did everything mostly properly - you are most likely going to be found guilty. After they have completed their initial investigation into your case, an experienced DWI attorney will have about a 98% accurate idea of the outcome if the case goes to trial at the district court level and about a 75% accurate estimate for a superior court jury trial (you can never really tell what a jury will do - juries are full of idiots too stupid to get out of jury duty - or worse actually want to be there). An ethical DWI attorney will not waste your time and money if they believe the odds are stacked against you and will instead focus on minimizing the punishment aspect. Problem is, you won't know if you have an ethical attorney - some of us are pretty slick. It never hurts to get more than one opinion about your case - most attorney's offer free consultations.

In Colorado, If the officer has probable cause to ask your husband to submit to a test of either blood or breath and he refused, than his license may be revoked for up to a year. If the time has elapsed to request a hearing through the DMV, you may be out of luck. You can try to petition the DMV to set the hearing, even know the statutory time to request the hearing has gone. If the time has not elapsed than request a hearing. You will want an attorney present at the hearing fighting to allow him to keep his license. The fact that your husband was not read Mirada or allowed to talk with an attorney does not mean that the case would be dismissed or that the cops violated his rights. This is very fact specific and can only be determined after a review of ALL the evidence, including the cops statements. I would hire a local DUI attorney to review all of your husbands options and potential defenses to the DMV and any court action. Disclaimer: The response to this email does not constitute or create an attorney-client relationship. For additional information or a free consultation contact (303) 747-4686.