I was followed for speeding pulled in my driveway and saw police car pulling up to my home. I immediately went in the house. TheY came to the door, my wife answered and they requested I come out. I waited about 20 minutes and gave myself up. On top of criminal charges they gave me a DUI. I'm sure they saw me exit my car, but had no interaction with me until I exited the house. Can it hold up in court being that I was not caught in the car, was not drunk but had alcohol on my breathe, never ask to perform field sobriety tests and refused breathalyzer at station. Please advise.
5 Answers from Attorneys
The refusal will lead to 6 months loss of DL. So, even if the DWI gets thrown out, you are still looking at a loss of DL anyway. Sounds like you should focus more on the criminal charges.
There is the substantial question of whether you could be asked to leave your house without a warrant. You should give me a call.
You have more than a DUI to deal with, so you do need counsel, we just cannot get enough info to tell you much... I have to disagree with Gary about being asked to leave you home, the police can ask you to do anything. Unless they told you they would come in to get you if you did not come out, you come out. Arguing you did so under duress I do not think is a winner. Since driving is considered a privilage, the state can impose requirements on you, and submitting to testing is one of those things, so your refusal will result in a conviction for refusal, and a 6 month suspension. Conviction for DUI will be much harder, but it can be done. Hopefully you get an atty who will convince the prosecutor to be satisfied with the 6 month refusal suspension. Good luck, you'll need it.
You should retain an attorney to help resolve your problems. Please call my office to set up an appointmkent
Each case is unique so I would have to review all the evidence in your case before I could give a definite answer to your questions. From what you describe though it sounds like at the very least you could be convicted of refusal to submit to a breath test. Please contact my office for a free consultation to discuss your case in more detail. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
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