What are the chances that my DUI charge can be dismissed if I did not submit a blood alcohol content test?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are the chances that my DUI charge can be dismissed if I did not submit a blood alcohol content test?

Would my chances be better with a public defender since I do not have the finances for a lawyer who specializes in DUI cases?

Asked on April 9, 2015 under Criminal Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, refusing to submit to a blood alcohol content test will NOT result in your charges being dismissed. (Think about it: if it did, then everyone would refuse to submit and there'd be no DUI convictions, ever.) They can generally use your refusal to submit against you, and/or use other means (like a trooper's trained observation(s)) to establish intoxication/impairment.

You should definitely get an attorney if at all possible. Bear in mind that if you can afford a lawyer at all--even if not the quality of attorney you'd prefer, or even if it would be  hardship to pay--you most likely cannot qualify for a public defenders. Public defenders are for those who truly cannot afford a lawyer at all.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption