I refused to take a Breathalyzer, what are my chances of beating a DWI charge?


DWI Info Portal




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Facing the charge of a DWI can make even a wealthy man become fearful. Because of such charges you can lose a huge amount of money, your pride, even your license. The important news is that defendants are capable of beating a DWI charge with the help of brilliant attorneys. Experience defense attorneys from Carl Barkemeyer can easily help you if you are facing any charges. It is also a good idea to know the cost of having an attorney. There are factors that are needed to be known, if you can beat a DWI or a DUI charge, only by consulting with your attorney will you know your chances, which could be determined by the circumstance you may find yourself.

Questions like, did you take a blood or breath test? Do the police have a sample of your blood alcohol concentration (BAC)? Did you provide the sample of your breath or blood test? Did you follow the necessary instructions? Did you have a high or low BAC threshold? This is necessary questions that must be asked by your attorney before knowing your chances of beating a DWI/DUI charge. Blood alcohol concentration is legally approved in most states but can be opposed in some cases; it is best to know the condition of your case. It is also possible to be convicted of a DWI charge without a BAC test, but some situation can affect the decision of the court.

If you refuse to take a BAC test doesn’t rule out your innocence, but can affect your chances of presenting yourself decently in the court. Even if you are a first offender, you can also be convicted for other reasons. Have you ever been charged before? Any previous offense can also affect your chances of defeating a DWI charge. In some cases, an attorney can ask to bring out any previous offense, which can be used in your favor or if found guilty of the previous offense, then you are likely to have a difficult sentence if found guilty of a second offense.


Were you driving recklessly?

You can be convicted of a DWI because of drunk driving, with or without BAC test. Any record presented from the patrolling police can be used as evidence. Now, if it appeared that you were intoxicated while driving, it can affect your chances of winning your case. Other questions that could be asked in court are, did you damage any property? Did you kill anyone in the process? Did you disobey the traffic rules? Did you cooperate with the officer? Was your behavior civilized? This sort of questions could determine the outcome of your case.

If you were in Baton Rouge, and there is an urgent need of a skillful attorney, you can be well assured that Carl Barkemeyer would be ready to answer your call and meet your needs. The law office Carl Barkemeyer can help with any DWI charges masterfully.


What will happen if you plead guilty for a DUI offense?

Once a client happens to find him/herself pleading guilty to a DWI or DUI refusal charge, then the person will be admitted to the offense which would come with severe penalties, certain things could make you clear of a DWI refusal charge:

  1. Absence of the arresting officer
  2. Violated rights
  3. Mistakes from the prosecutor

Mistake people tend to make is that they think if they get to plead guilty, it will smoothing their case if the person decides to plead guilty and gets convicted for refusal to take a blood or breath test:

  1. Such an individual will have a criminal record for life
  2. Driver’s license will be suspended based on the average amount of time you’re serving.
  3. There could be a 3-year suspension of driver’s license, alongside jail time if you are convicted for another DUI charges

Can a driver reserve their right to refuse the Sobriety test?

A driver has the right to know his/ her offense before “walking in a straight line” type of sobriety test during the traffic or DUI stop. The driver also has the right to remain silent, which means the driver can decide to talk or not.

Legal DWI consideration

A driver may be arrested and charged with DWI with any level above .08; furthermore, someone under the influence can cause a road accident, and regardless of if your BAC is high, even by having just a bottle of beer can cost you a fine of $500.

What happens if you get DWI with a child in your vehicle?

Driving under the influence with a child in the vehicle. If your passenger is below 15 years. There are certain penalties for DWI with a child passenger:

  1. Close to two years of jail time.
  2. $10000 fine might be needed to be paid
  3. License likely to be suspended for up to 6 months

First DWI offense

  1. $2000 fine
  2. Between 3 days to 6  months of jail time
  3. Suspended driver’s license for one year
  4. Payment of $1000 and $2000 for three fees to retain your license.

Second DWI offense?

  1. $4000 in fine
  2. One month to one year of jail time
  3. A yearly fee of $1000 or $2000 for three continuous years

Third offense?

  1. $10000 fine
  2. Two to ten years of jail time
  3. Loss of driver license for close to two years
  4. Annual fee of $1000 or $2000 for three years

Safety measures

  • Don’t drink and drive
  • Assign a driver to an hotel
  • Get a cab
  • Sleepover

Know how when to stop?

An intoxication value can depend on age, gender and body weight, including the intake of food consumed, women and youngsters might need less alcohol to get easily intoxicated.

Defending against Revocation at the hearing

The Requirement for a minimal revocation of license:

  1. The hearing of the case should be not later than 90 days.
  2. The individual blew above .08 for the test.


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