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What are the odds of reducing my DUI if I refused a breathalyzer and blood test but had to do a sobriety test?
Anonymous2 views5 answers
I was pulled over for "making a wide turn", and arrested for DUI and failure to maintain lane. I refused any breathalyzer and blood test but did a sobriety test. What are my chances of getting DUI reduced to a reckless driving? Or can it be reduced to anything else?
Your chances of trying to get the DUI charge reduced to Reckless Driving or another charge will largely depend on your criminal history (including how many prior DUI convictions you have), the facts of your current case, and how you did on the Standardized Field Sobriety Test(s) (assuming the SFST, and not some other test(s), were given at the scene). Since you refused the State-administered chemical test of your blood, I assume right now you have an administratively suspended license, unless you have timely appealed a possible ALS; if you have an ALS for refusal, your suspension is a "hard" 12 months with no limited permit available if you can't get the DUI reduced or dismissed. I advise that you speak with a criminal defense attorney immediately, because DUI is one of those offenses where if you can try getting ahead of it as soon as possible you may stand a better chance of getting a favorable outcome.
You're off to a good start by refusing the chemical tests. However, without knowing how you did on the field tests, and how you look on the video, it's impossible for us to say. Also, you have 10 day business days from the date of your arrest to file an appeal to keep your license from being administratively suspended for refusing the tests.
In addition, when you mDe the wide turn, was that left or right? Was that the only reason for the stop was the wide turn? Is there a video? Either way it sounds like the probable cause for the stop is at best questionable so that would be another reason for a reduction.
Your answer depends on a variety of things such as how you performed on the field sobriety tests, if the officer made any mistakes, was there reasonable articulable suspicion, etc. Get an experienced DUI attorney to evaluate and handle your case.