A friend of mine got pulled over last night driving home from a bar and was given a field sobriety test. I guess he didnt do that well and the officer tried to give him a breathalyzer, which he refused.

Obviously he is going to get a lawyer, but what can he expect to happen now? Any help you guys can give would be great. THanks in advance. Oh, can anyone recommend a good lawyer?

 

Refusing to take a breathalyzer test gets you arrested in many states and hurts your case like nothing else. Your friend has a serious problem and needs to address that instead of trying to get away with it.

Driving under the influence is NOT acceptable!

 

Refusing the breathalyzer test is always worse than taking it penalty wise. He will loose his license longer etc. Anyway, it differs in any state but is always a HUGE hurt on the wallet. I agree with MyBad that there is no excuse for driving drunk. I personally feel that it's too harsh on people just at or just above the legal limit compared to people who are really really wasted. That's just my $.02

 

I was in a similar situation a couple of weeks ago. I was pulled over for speeding. And the officer asked me to take a breathlizer. I had 2 Beer half n hour before. I refused. He immediatly put the hand cuffs on me. So I asked him if I could change my mind. He said yes and took the cuffs off. I took the breatherlizer and passed. And then he was so suprised that I passed, he was confused. He then asked me if I want to take it again.

I said no no.

Did your friend go to jail that night for not taking the test?

 

Yes, he was taken to the University of Maryland Police department, processed and released. He was never put in a cell.

I'm very aware of how stpid it was, but specific information and advise is what he needs. He is not trying to "get away with it". It has to be dealt with however.

 

If you fail the breathalizer, I believe it is an automatic 6 month suspension of your license. Since he didn't take it and they'll find him guilty in court, I am sure that they will suspend his license for longer. Plus more than likely, he will need to go to AA classes and possibly do community service. MD is not lenient on DWI nor should they be.

 

[QUOTE]Originally posted by TepEvan
[B]If you fail the breathalizer, I believe it is an automatic 6 month suspension of your license.

 

This sounds familiar, MD is along the same lines. Actually, a friend of a friend just got a DWI up in Cumberland. I'll find out some more info if I can.

 

In Maryland, a refusal carries 120 day suspension, but he spoke with several attorneys today and the refusal is going to save his butt. The state will not be able to proceed with the DWI due to lack of evidence. No points, no conviction. Has to go to an MVA hearing to determine driving priveliges. Worst case would be an interlock on his car. They might get the entire thing thrown out.

 

IMO I think you're sorely mistaken if you think it's going to get thrown out just because he refused the breathalizer; but best of luck to him, I just hope the next time he doesn't kill someone (like me).