If I got my first DUI because I refused a breathtest,can I fight it?

UPDATED: Jul 21, 2014

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If I got my first DUI because I refused a breathtest,can I fight it?

The DA wants to deal a “first DWI” without going to court. I was not drinking nor received and traffic tickets and no probable cause to stop me for DWI/DUI. Only statement police officer made that I said I was drinking and I had red eyes.Should I fight it in court? The judge is a tough ex-cop too and will send me 90 days if guilty.

Asked on July 21, 2014 under Criminal Law, Texas


Maury Beaulier / MinnesotaLawyers.com

Answered 8 years ago | Contributor

A first offense  DWI i still  a  serious offense.  A refusal may have even more serious penalties. At a minimum, in most states, it is a misdemeanor.   As a result, it is important to present an aggressive defense.  It is also important to know and understand the Judge's and their proclivities in your county. 
A DWI is not only a criminal case, in most states, it has a civil element as well. There is a license revocation related to a DWI that is a case entirely separate from the criminal matter. Nothing in the criminal matter will change the license revocation which occurs automatically unless you seek a judicial review of that revocation.  This MUST occur within a short time period  after you were revoked. Any failure to seek a judicial review results in the license revocation and a record that indicates a new alcohol related offense that can be used to make any subsequent DWI a greater crime.  In that judicial review, the challenges are the same as those made in the criminal case. 
There are many challenges to a DWI.  The defenses depend on the particular set of facts in each case.  That means a detailed review of all evidence, including police reports, police videos, audio recordings and testing records related to blood alcohol levels is imperative.  Often, hidden defenses are found through a thorough review of all evidence.
Additionally, as part of any DWI arrest, the Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed. 
You should seek some free consultations with experienced counsel. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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