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Old 05-09-2007, 01:26 PM
Kevlar281 Kevlar281 is offline
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Location: Houston TX
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Quote:
Originally Posted by macallan25 View Post
Actually this depends, or so I've been told by my attorney. Maybe Texas is different than Illinois.

I know a pretty good amount of people who have refused breathalizers and just opted to go to jail. Sure, they lost their license for around 90 days (I think that is the penalty for refusing one)...but they didn't get DWIs.

.....and if you are well connected and have a good attorney....you can get out of a DUI/DWI. Don't be silly.
My friend refused to take the breathalyzer and all things considered it worked out pretty well for him.

His whole defense was based on the videotape that was recorded by the police officers dash cam. He wasn’t stumbling or slurring his words; from all accounts any juror would consider him to appear sober. When questioned by the prosecutor why he refused the breathalyzer he basically stated that he didn’t feel like he was drunk and the fact that he had been placed under arrest made him lose trust in the police.

The lawyer who represented him almost exclusively defends DUI/DWI defendants and his advice was that under no circumstances submit to any type of sobriety test. It’s easier to explain refusal then a positive test. Suck it up, go to jail and call a lawyer. The Fifth Amendment is your right, use it.
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