What to do if I was in a auto accident and refused a breathalyzer?

I was drinking that night and I hit a parked truck. The truck was empty and no one was hurt. I refused to take a breathalyzer test and was taken to jail. I was bailed out. Should I get a lawyer to protect myself? I have a clean record.

Asked on October 27, 2013 under Criminal Law, Nebraska


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes you should get an attorney. In most states, your license will be automatically suspended if you refuse a breathalyzer. If this is your first offense in anything, your lawyer may be able to petition the court to help you with getting some sort of alternative or delayed conviction wherein if you meet certain criteria, your guilty plea would be withdrawn and charges dismissed. You should also ask your counsel that if you go through this would your matter qualify for expungement in a few years to erase it off of your record.

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