I was arrested last night for a DWI?
I refused the roadside tests but at the station I wanted to take the breathalyzer test. The officers said that I refused the test. I had a lawyer on my cell phone, I mentioned to the lawyer that I wanted to take the test. The officers were in my presence at that point. The lawyer then requested to talk to the officer. The officer didn’t listen and hung up the phone after 30 seconds.
Did the officers act illegally by refusing my request to do the breathalyzer at the station?
Can I take the officers or the state to civil court? What damages could I recover?
How likely is it that I can get the criminial case thrown out, because the officers denied me crucial evidence?
Tagged with: breathalyzer test • cell phone • civil court • damages • google • lawyer • presence • script type • text javascript
Filed under: New York Herniated Disc Lawyer
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A refusal of one test, is a refusal of all tests. You do not get to pick, and choose. The Officer is not required to speak to your attorney until he is in court.
How about DON’T DRINK AND DRIVE for starters! I wasn’t there so I don’t know whether you did or not but usually, people who refuse a roadside test are delaying and have something to hide.
As far as having your case thrown out, I don’t think you have a leg to stand on (maybe you should have used that leg in the field sobriety test and you wouldn’t have this problem).
you may wanna give it a try and talk to that lawyer again…that sounds pretty suspicious of the police officer to do….
From what I hear refusing to do the breathalyzer is almost the equilvalent of an admission of guilt. Dont drink and drive dude.
It could be according to the state you live in, but if you have a good lawyer and they refused the test, it is highly likely it will be thrown out. I know someone who after several breathalyzer in a row got his thrown out. The person had a very good lawyer and they said that the officer didn’t give the test correctly by giving it so many times in a row and not waiting far enough time between and of course after several tries it was going to finally show a higher alcohol level. I’m not saying it is right, I’m saying it happened.
Why would you consider taking the Officer to Court ? YOU were drinking and driving, NOT him!!
He was doing his damn job. Yet another trying to get out of something — c’mon already!!
Don’t be ridiculous - You did it, fess up and deal with your consequences…geeeezzz!!!!!
Dude, you were drinking and driving. People who do that are scum, causing thousands of deaths each year. There is nothing more selfish than that. You wanna endanger yourself go ahead, but leave the rest of us out of it. I can’t believe you’re trying to profit from breaking the law. By the way, when you refused the test you admitted guilt. I hope you get locked up for a long, long time.
Mike
After this is all over, please ask yourself this. Would you be better off today, if I called a cab to take me home?
You will pay a fine. $300 is somewhat typical
You will see increased insurance rates. 25% more so on a semi annual premium of $300 you will $75 more per period.
You will likely pay for an attorney. $500 for a good one — he wasn’t pouring booze down your throat.
So we not have $875 without the cost of your time and that is just the minimum.
Do you feel no shame over this? I hope that I have made you all warm and fuzzy now –
in my opinion… i think your best bet was to not fight it and just take the roadside test… and honestly… your not gonna win the case if you throw one down… a CHP officer broke my dads windshield on the freeway… and he got away with it.. sorry bro, but it would be a waste of your time and money.
I feel like we need to consult with Andy Rooney and get the Rest of the Story. There is a big hole in your story.
I have a sneaking hunch that at the point you start talking about the cell phone and the lawyer the officer had already asked you to take a breath test and you either refused or by virtue of your actions refused the test. You say that the officer were back "in your presence" so I am guessing they had left you at that point and broke the observation period. That is why I believe you were past the breath test and trying to make some drunken jail house lawyer move by asking for a test after you had already refused. I have seen this and tons of other drunken moves like it in the past.
The officer does not have to talk to the lawyer on the phone. Nothing says they have to. I don’t talk to people on cell phones that I don’t know. For all I know they are the guys baby sitter or ex-girlfriend.
You were drunk and want to take the officer to court for getting you off the street before you killed someone? I love that selfish question.
Don’t drink and drive.
The roadside breath test is just another field sobriety tests, it’s results are not as accurate as the breathalyzer at the station and are not enough to solely convict you of DUI. That’s why three other tests are used as well as the reason for the traffic stop(weaving, etc).
Once at the station, you must be offered a chemical test of the officer’s choosing (usually the breathalyzer). The officer will ask if you will blow and you either blow or refuse. Refusing roadside tests is not the same as refusing the station breathalyzer. You can refuse roadside with no consequences. Refusing the station will get your license suspended, usually for a year on 1st offense.
My guess is you refused the station breathalyzer as well. Chances are it’s on tape, most booking rooms are. Your lawyer will find out for sure. And I also do not talk to lawyers while on duty. Only at court when I’m there for trial.
As for suing the officer….good luck with that, not gonna happen.
Dude Were You Drunk? If You Were And You Know It Deal With The Consequences And Stop Placing The Blame Elsewhere. Take The Cops To Civil Court? You Do Know That ALL Police Are Indemnified By Law When Acting Within The Scope Of Their Duties, So Long As They Are Not Committing Gross Misconduct. . Snap Out Of It And Get The Help You Need, Youre Higher Power Aint Your Attorney. Good Luck To Ya.
Mike, listen to me, if you were drinking take responibility for it. Whether you were drunk or not you refused the field test. Big mistake. If you weren’t drunk what did you have to worry about? Now you are looking for a loophole to get off with an act of endangering the public. This is serious stuff man. The officer is there to protect the public interest. He was following procedure by asking you to test in the field. He didn’t do anything illegal, you did. You just don’t get to change the procedure when you want to. You can try to take the officer to court but, guess what, you won’t win. Why would a court award you damage for not following the law? I don’t think this will be thrown out because a prosecutor will likely prosecute you because it sounds like it is a winner for them. You best hire a good lawyer $$$$ who will look out for your best interest and possibly take a reduced charge. If it is a felony $$$ good luck. Next time you drink be a man and don’t drive.
dont drink and drive. if you refuse the test they will arrest you for DWI and obstruction and book you in the county jail even if they suspect you of it and you turn out to be within the legal blood alochol level.
You will lose..YOU were drinking and driving….HELLO!!!Thank God no one was hurt in your bad judgement…