I got a dui and refused to take the breath test. I had drank 5 beers while eating out. I went through a road block 8/24/12

You should be treated as a first time offender. They might have a difficult time convicting you in this case.

A third and subsequent DUI convictions eliminate the 5 year look back period. Thus, depending on the validity of the prior convictions, you may be charged with a felony DUI. A conviction may be sustained solely on the officers "expert" opinion. You need to contact an attorney who handles DUI on a regular basis. National College DUI Defense offers a list of premium DUI attorneys. Www.ncdd.com Feel free to contact me should you have any further questions. 205-985-2411

There are a number of issues that need careful analysis and this forum is too restricted to give a full discussion of the facts. The first issue is the lawfullness or legality of the seizure under Fourth Amendment grounds. The fact that this seizure took place at a "road block" raises several questions - the need for a valid written operational plan and neutral selection criteria for stopping vehicles; supervisory control; time , duration, and location; and a variety of other issues. In regard to the arrest itself - the issue of probable cause to arrest must be investigated. Next is the issue of test refusal. Unless the testing officer provided the Implied Consent warning, then it is generally held there is no test refusal. A test refusal may be admissible into evidence, however. Under Alabama's new DUI laws that took effect this year, any conviction of DUI - even a first offense conviction - will require the installation of ignition interlock as a condition for re-licensing if convicted with a test refusal or an elevated blood alcohol level (.15% or greater). In other words, whether the trial court treats this offense as a first offense or not ( I believe it will be treated as a first offense), then you are still facing substantial fines, court costs, probation, potential jail time, and the mandatory installation of ignition interlock. It is in your best interests to seek the professional services of a qualified criminal defense lawyer, and especially one skilled in DUI defense. Members of the National College for DUI Defense are the experts in this area of law and it would be in your best interests to seek a qualified NCDD member to represent you.