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To all ups drivers I need advice
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<blockquote data-quote="TooTechie" data-source="post: 1417249" data-attributes="member: 28388"><p>Ok, a couple things. </p><p></p><p>I'm a former police officer (Massachusetts). Usually I would tell you that you'd have to tell them if you got arrested, especially for DUI. You're in an unusual situation though.</p><p></p><p>The question is...were you charged with DUI or <strong>only</strong> for Refusal to take the breathalyzer, or both? They can charge you with DUI if they have enough probable cause, even if you don't blow. They can use their observation of how you were driving (swerving), speech (slurring), odor of alcohol, pupil dilation, etc. For a conviction without a breathalyzer, they would need a combination of the above along with either dash cam footage showing you driving erratically (swerving) or adverse field sobriety test results, etc. </p><p></p><p>I arrested a guy for driving on a suspended license (4th offense) and while dealing with him (and towing his truck) I noticed he had been drinking (smelled like a brewery). He agreed to do field sobriety tests (failed) but refused to do the breathalyzer. I charged him with DUI, but knew that the charge would get thrown out because I had limited proof of it without the breathalyzer results. The ADA pressed the DUI charge even though I recommended he plead it out and it actually went to trial. Judge found him not guilty for the DUI, but sentenced him to some hard time in jail for the 4th time driving on a suspended license.</p><p></p><p>Okay, so here is something you need to know...Virginia is strict with motor vehicle laws, but their refusal to submit to breathalyzer test is a weird "charge." The first incident is not even a <a href="http://dui.drivinglaws.org/resources/dui-refusal-blood-breath-urine-test/virginia.htm" target="_blank">criminal offense</a>. Second offense is a misdemeanor, etc. That being said...if you were <strong>only</strong> charged with refusal to submit to a breathalyzer test and nothing else AND your state does not have a reciprocal agreement with VA, you might actually walk away from this. You'll likely know within the next month if your jurisdiction has received notification from VA and plans to suspend your license.</p><p></p><p>Whatever you do, DO NOT DRIVE A VEHICLE ON A SUSPENDED LICENSE. You're probably best off to just tell them what happened and take the lumps.</p></blockquote><p></p>
[QUOTE="TooTechie, post: 1417249, member: 28388"] Ok, a couple things. I'm a former police officer (Massachusetts). Usually I would tell you that you'd have to tell them if you got arrested, especially for DUI. You're in an unusual situation though. The question is...were you charged with DUI or [B]only[/B] for Refusal to take the breathalyzer, or both? They can charge you with DUI if they have enough probable cause, even if you don't blow. They can use their observation of how you were driving (swerving), speech (slurring), odor of alcohol, pupil dilation, etc. For a conviction without a breathalyzer, they would need a combination of the above along with either dash cam footage showing you driving erratically (swerving) or adverse field sobriety test results, etc. I arrested a guy for driving on a suspended license (4th offense) and while dealing with him (and towing his truck) I noticed he had been drinking (smelled like a brewery). He agreed to do field sobriety tests (failed) but refused to do the breathalyzer. I charged him with DUI, but knew that the charge would get thrown out because I had limited proof of it without the breathalyzer results. The ADA pressed the DUI charge even though I recommended he plead it out and it actually went to trial. Judge found him not guilty for the DUI, but sentenced him to some hard time in jail for the 4th time driving on a suspended license. Okay, so here is something you need to know...Virginia is strict with motor vehicle laws, but their refusal to submit to breathalyzer test is a weird "charge." The first incident is not even a [URL='http://dui.drivinglaws.org/resources/dui-refusal-blood-breath-urine-test/virginia.htm']criminal offense[/URL]. Second offense is a misdemeanor, etc. That being said...if you were [B]only[/B] charged with refusal to submit to a breathalyzer test and nothing else AND your state does not have a reciprocal agreement with VA, you might actually walk away from this. You'll likely know within the next month if your jurisdiction has received notification from VA and plans to suspend your license. Whatever you do, DO NOT DRIVE A VEHICLE ON A SUSPENDED LICENSE. You're probably best off to just tell them what happened and take the lumps. [/QUOTE]
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