dui-refusal of breath test
I'm going to try and put this in a way that makes sense.
situation:
A person is arrested for a dui(not the intial charge)then refuses to take a breath test(questionable there also--wont know till they get the video tape and at what point they asked for an attorney and/or what constitutes refusal), can the issue of the refusal be acted upon if that person is found not guilty of a dui, for whatever reason(bad arrest, aquital etc)? Also must add that no field sobriety test was preformed and no officer of the dui task force was present.
Wouldn't it be true that if there was no legal reason for the dui stop, there wouldn't have been a reason for that person to take a breath test(at jail,not roadside) and therefore that information is tainted and invalid.
Any response is appreciated.
1 Answer from Attorneys
Re: dui-refusal of breath test
The person in your question has a very strong case as they both refused the breath test and roadsides. There are strong arguments that can be made at trial as the State may have difficulty showing that this person was impared at the time they were driving.
Also, if there is no legal reason for the stop, a Motion to Suppress this stop may be applicable.
If you have any further questions feel free to contact me at [email protected] as I practice in Palm Beach County and may be able to answer more specific questions for you.
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