Akron, CO DUI and DWAI Law Firms & Lawyers

The citation and charges will not include the blown headlight as they have the DUI which is a much more serious charge, so they don't worry about the infraction on the charging document. If your son refused to do a breath or blood test, it is likely that they are also going to charge him with a refusal enhancement to increase the potential penalty. It can be helpful in defending the case if other officers pulled him over minutes earlier and let him go, but it is very unlikely that the charges will just get dismissed because of that, and as I mentioned earlier, refusing the breath test actually increases the potential penalties. He needs to have an experienced DUI attorney review and handle this case.

Get his DUI dismissed since he didn't take the breath test? NO. That refusal got him an automatic suspension of his license by DMV, in addition to whatever the court does. My observations for you son: You can be charged solely on the basis of the officer's observation, just like any criminal or traffic offense. You also committed 'contempt of cop' by the refusal. You will be surprised to find how detailed the police report is concerning your observed inebriated and impaired condition. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely if you think you have grounds for appeal, then appear at tne scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.