I was stopped for a DUI and refused the tests...what happens now?

Question

I was stopped for suspected DUI and was taken to have a blood test done. While at the hospital, the officer told me to sign something. I told him they could take my blood but I didnt feel comfortable signing anything. He told me I had 2 choices
1. Sign and they take my blood and I go to jail
OR
2. Dont sign and I can go home

At the time, option 2 sounded like the best choice. Once we got back to the station he said by not signing I had admitted guilt and would lose my license. I asked to go back and I would take the test but was told no, I had no further options...I had my chance.
I guess my question now is:
Is there anything I can do to get out of it?

I know I made a mistake but shouldn't they advise me of the laws? Ignorance of the law is no excuse but it was as if he was purposely pushing me to make the wrong choice.

Answer 1

If a driver refuses both a breathalyzer and a blood test he might escape getting charged with DUI, but his driver's license will get suspended (the period of suspension varies according to your state, but it's usually 6 months and in some states 1 year). You're lucky you weren't too obviously drunk, because had you been stumbling around and slurring your speech the cop could have had sufficient cause to arrest you anyway. But you didn't admit any guilt by refusing the test like the cop erroneously claimed, you merely forfeited your driving privileges (somebody needs to tell that cop that just because somebody doesn't want to be searched, that doesn't necessarily means he's guilty of anything). And if they had taken your blood and found you were under the limit, nothing would have happened to you. Now that you realize what a close call you had, learn not to drink before you get behind the wheel. It sounds to me like he didn't explain your choices to you properly, though, so if you want to fight the suspension you can always try consulting with an attorney who specializes in DUI cases.

Answer 2

Unlikely you "can get out of it". You made a mistake (like we all do sooner than later to 1 extend or another), and now its time to take responsibility.

It is not a police officer's job to tell you the law, surprisingly enough its your responsibility. I have to explain Expressed Consent to a suspected DUI driver, if they're too trashed to understand, sadly it isn't my problem

You'll be facing two tiers of justice. The DMV concerning your license and the criminal trial for DUI.

Depending on the state, the jury can take your refusal to take a breath/blood test as an admission of guilt for the DUI. The DMV will automatically suspend your license for the same thing. The officer's report should articulate why he thought you were drunk, and he'll testify to that. Just cos they don't have the test results, doesn't mean you'll be found not guilty.

Lots of people here are telling you to get a lawyer. I would think carefully about that. A lawyer is likely to cost you more than the actual DUI. A lawyer is useful for cutting a deal with the ADA, but unless the cop did something hideous wrong, he won't help too much.

I'd try to go for a plea bargain, take the suspension and ensure that you don't drive while you're not allowed to.

Good luck.

Answer 3

You DID NOT admit guilt. As a matter of fact, you may be able to get out of the DUI. However...you won't be able to drive for at least a year.

The courts have determined that an officer CANNOT require you to submit to an alcohol test. This violates your 5th amendment rights. It's self incrimination. HOWEVER...driving is not a Constitutional right. So, if you refuse the test, the state can 'pull' or suspend your license. If you submit to the test, you only lose your license for 30 to 90 days. If, however, you REFUSE the test, the state pulls your license for a year.

It's a crazy system, but I'm betting that you get out of the DUI. The suspended license is a done deal, though.

You will have a preliminary hearing. At that point, if you can't afford a lawyer, the judge will appoint one for you. I can't stress this next part enough.

GET A LAWYER. GET A LAWYER. GET A LAWYER.

A good lawyer will mean the difference between a conviction on this case. Get a good one. Or, at the very least, make the courts appoint one for you.

Answer 4

If you refused to take a breath, blood or urine test after being arrested for DUI in Pennsylvania, your license will be suspended for a period of not less than 1 year and 3 days mandatory incarceration. A person should take immediate action if a chemical test was refused. The arresting officer must forward Notice of Refusal (DL-26 Form), to inform Pennsylvania Department of Transportation of operator’s refusal. Once received, PennDOT forwards order to operator that license shall be suspended, (30) days from date of correspondence. Operator has this time parameter, (30 days from correspondence date), to appeal to civil proceeding.

Answer 5

An officer of course has no obligation to tell you what the law is. The only thing you can do now is hire a lawyer and try to fight it. He may be able to get you to keep your license, but I doubt he will get you off of the DUI charge. For a guilty plea on the DUI though, if this is your first offense you may be allowed to keep your license, as they may drop the refusal to submit to a blood test charge. It all depends on how good your lawyer is and how strict the prosecutor is. Hire a lawyer, as that is the only way anything will be fixed for you.

Answer 6

You took a personal choice by deciding to not take the test. In NY if you refuse to take any tests, you dont get a choice to change your mind later. Your license is gone.
Let me ask you something too (dont take this as a threat) Did you even think about what could have happened though? You're lucky you got just a DUI, because if you had hit someone, you could be looking at murder charges, or worse, you could have killed yourself. My sister was hit by a drunk driver. Thank God she lived, but that driver is still sitting in jail, 6 years later.
PLEASE make better choices for your future.

Answer 7

In my state a chemcial test refusal results in an automatic driver's license suspension. It doesn't sound like you have admitted any type of guilt but I would wait until your arraignment/initial hearing to have the charges officially read to you by the Court. At that time you can make plans for legal representation.

Answer 8

I wouldn't be surprised if your deduction about being pushed to make the wrong choice was spot on! They are nasty little buggers. Unfortunately the best thing to do now is admit to the DUI in court, you will get the minimum penalty & get your license back in 30 days if this is your first offense. If you fight this in court, it'll take a lot longer before you can drive again & better hope your lawyer is really good because if you're still found guilty, you'll be subject to fines & penalties for wasting the court's time! GL

Answer 9

Hire a lawyer and tell him what happened.You did the right thing by not taking the test.The court has no proof that you were legally intoxicated and a good lawyer will more than likely get you off completely.The fact that the officer let you go kind of kills their case,even if you refuse the blood test they can still detain you.A decent lawyer will eat this case up.

Answer 10

I am a bit unclear on why you would go to jail for cooperating, and go home if you don't. But it is too late for that. Most courts will drop the refusal in exchange for a plea on the DUI charge. See if you can strike a deal with the prosecuting attorney.