Rights of the Accused.
I was charged with a DUI. The officer asked me to blow in the breathalyzer. I refused to blow in the Breathalyzer due to the fact I ask to speak to a lawyer first. The officer told me no. What legal justifications do I have? He never read me my Miranda rights. But I knew what they were. Would I have been wrong not to do what he asked?
1 Answer from Attorneys
Re: Rights of the Accused.
A lot of motorists make the same decision that you did. In fact, you DID consent to a test of your breath, blood, or urine by virtue of accepting a Driver's License. It's call "Implied Consent". In what county were you arrested? You need, in my view, the representation of an attorney. Cases like this are interesting from a technical point of view, and winnable.
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