Legal Question in DUI Law in North Carolina

Refusal to blow

I was pulled over for speeding and the cop wanted me to blow into the breathilizer and I refused.I was drinking but I was not pulled over for suspicion of drunk driving the cop took me to jail where I blew into the machine at the jail and was put in the drunk tank then booked and released on a d.u.i. this is my first one and I was wondreing what is the worst that could happen to me. also the cop was sort of hidden behind an embankment if that helps.


Asked on 6/16/03, 1:56 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Refusal to blow

if you can email me directly with more information regarding the circumstances of your "arrest" and why you refused the sobriety test, i may be able to further assist you legally in this matter. also, let me know what your BAC level was when u finally did take the test.

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Answered on 6/16/03, 2:02 pm
Terry A. Nelson Nelson & Lawless

Re: Refusal to blow

The worst is six months jail time and a thousand dollars in fines plus penalty enhancements. With an experienced attorney, more likely is probation and minimum fine, plus a DUI program and license restriction. Sounds like they didn't plead a count of refusing to take the BA test. Unless you applied to DMV within ten days for a hearing on your license, you are going to have it automatically suspended. Contact me if you are in SoCal and interested in having counsel keep you out of jail.

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Answered on 6/16/03, 5:00 pm


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