Comments on: I was arrested last night for a DWI?

By: CGIV76

CGIV76 — Sat, 28 Nov 2009 00:30:48 +0000

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.

By: Mr. Klaw

Mr. Klaw — Sat, 28 Nov 2009 00:30:48 +0000

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).

By: Austin n

Austin n — Sat, 28 Nov 2009 00:30:48 +0000

you may wanna give it a try and talk to that lawyer again…that sounds pretty suspicious of the police officer to do….

By: Sway_27

Sway_27 — Sat, 28 Nov 2009 00:30:48 +0000

From what I hear refusing to do the breathalyzer is almost the equilvalent of an admission of guilt. Dont drink and drive dude.

By: Eyes Wide Open

Eyes Wide Open — Sat, 28 Nov 2009 00:30:48 +0000

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.

By: Lana

Lana — Sat, 28 Nov 2009 00:30:48 +0000

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!!!!!

By: Josh

Josh — Sat, 28 Nov 2009 00:30:48 +0000

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.

By: KarenL

KarenL — Sat, 28 Nov 2009 00:30:48 +0000

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 –

By: Sarah J

Sarah J — Sat, 28 Nov 2009 00:30:48 +0000

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.

By: El Scott

El Scott — Sat, 28 Nov 2009 00:30:48 +0000

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.