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Should I have refused the breathalyzer test when I was pulled over?

I got a DUI. My friend told me I should always refuse the breathalyzer but the officer told me that if I did I would automatically get my license suspended. So I did it and I failed the test. They arrested me and I spent the night in jail. Now I have to go to court to get this straightened out. Can I contest this in any way?


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    Francis John Cowhig | Universal Law Group, Inc.
    430 S. Garfield Avenue
    Alhambra, CA 91801
    (626) 308-9936
    Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
    Answer Applies to: California - Replied: 3/12/2013
    Jason Savela | Connell-Savela
    250 Arapahoe Avenue, Suite 301
    Boulder, CO 80302
    (303) 865-4545
    I say refuse everything until arrested (in cuffs) and then choose either blood or breath bc of the year long refusal suspension unless you are super drunk. There is an article on my website explaining my thoughts. You should contest it and try to get the best result you can. In response to your DUI Questions: I am a criminal defense attorney that focuses on DUI cases. If you would like to discuss your case, please contact me. Some important information- If you have been served with a Notice of Revocation, then you have 7 days to request a hearing.
    Answer Applies to: Colorado - Replied: 3/12/2013
    Patrick Mahaney | Law Office of Patrick Mahaney
    8244 Old Federal Road
    Montgomery, AL 36117
    (334) 277-3974
    Point of law - you were already under arrest when you took the breath test; you were not going to be released whatever the results. You are in very serious trouble, where you recognize it or not. Driving Under the Influence (DUI) laws are getting stricter with each passing year, and the consequences of conviction are increasingly severe. In 2011, the Alabama legislature passed two new get tough on DUI acts which require the sentencing court to impose even more severe punishment upon the convicted DUI offender. A DUI arrest is an offense that has very severe and often lifetime consequences. In Alabama, a DUI arrest triggers botha criminal case and a Department of Public Safety administrative case. Because even a first offense DUI arrest can lead to substantial fines, court costs, jail time, and mandatory driver license suspension or revocation, anyone arrested for a DUI offense needs a qualified and experienced attorney protecting their rights.
    Answer Applies to: Alabama - Replied: 3/12/2013
    Steven Alpers | Steven Alpers
    39300 Civic Center Drive #110
    Fremont, CA 94538
    (510) 792-5110
    No. You would lose your license for refusing a breath test.
    Answer Applies to: California - Replied: 3/12/2013
    Laurie Schmidt | Law Offices of Laurie A. Schmidt, P.C.
    Law Offices of Laurie A. Schmidt, P.C.
    Denver, CO 80203
    (303) 747-4686
    Colorado has an implied consent to a chemical test law in Colorado Revised Statute 42-1301.01. This requires you to submit to either a blood alcohol test or breath alcohol test upon request of an officer who has probable cause to arrest you for driving under the influence of alcohol. If you refuse the evidentiary test, the DMV could suspend your license for a year. During a DUI stop, you are not required to submit to the field sobriety tests and you do not have to answer any of the officer's questions. If the officer believes that he/she has sufficient probable cause to believe you are under the influence of alcohol, then you must submit to a chemical test.
    Answer Applies to: Colorado - Replied: 3/12/2013
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