I failed the sobriety test but did not take the breath test. Can I be convicted immediately?
Based on the facts of your case and depending on your driving record you may be able to get a plea offer to an impaired driving conviction. If that offer is made you should accept it. The court would want a pre-sentence report and recommendation and depending upon what is recommended in the pre-sentence report you would probably be able to retain your driving privilege.
In SC, you are entitled to a jury trial, so you can not be convicted immediately.
A jury can convict you on circumstantial evidence without the breath test, based on how you did on the "sobriety tests" (I assume you mean field tests).
There are three (3) elements that the Commonwealth must prove to convict on a DUI (which is actually OUI in MA). They are: 1. Operation - That you were the operator of the motor vehicle; 2. Public Way - That when you Operated the MV, it was on a public way, as opposed to private property; and 3. Either .08% or Greater - That your blood alcohol was .08% or more as proven by the Breath Test, which you refused, or that your ability to operate the motor vehicle was impaired - This can be proven by circumstantial evidence. Since you did not take the BT, the Comm. must rely on the officer's testimony of your observed driving, if any, your field sobriety test results, and your behavior, demeanor throughout the process, in other words, opinion evidence. If there were other witnesses to your driving or your behavior that would be admissible as well. By not taking the BT, you at least give yourself the chance to beat the charge since the rest of the evidence, unless there is a booking video, is merely the opinion of the arresting officer and any other witnesses. Opinion evidence is far easier to challenge than something as scientific as a BT result. If there is a booking video, that is very strong evidence since it shows the jury or judge how you looked shortly after you were stopped. Good luck.
No. And you should hire a good DWI attorney and try and get out of it.
You could be convicted after a trial or if you decide to enter a guilty plea.
No you can only be convicted after a plea or a trial. The lack of a test result is only one factor they can consider in deciding wheter you are guilty or not.
What is the minimum grounds? The jury thinks you are guilty. Can police force you to take a blood alcohol test? No. But, your refusal results in an automatic one year suspension of your license by DMV. Refusal to cooperate with the normal Field Sobriety Tests results in contempt of cop and a sure trip to jail, with a well written police report describing your poor thinking and behavior. You will be surprised to find how detailed the police report is concerning your observed inebriated and impaired condition. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you do not win the appeal, you can still apply later for a restricted license for to/from work and school, etc., after serving at least of the full suspension period. If you don't know how to do these things effectively, then hire an attorney that does.
Under Oregon Law, and individual can be arrested and charged with Driving Under the Influence when they are 'intoxicated to a noticeable degree' or have a BAC over .08 at the time of driving. Even though you refused the test, the officer will testify towards other outward signs of impairment. A DUI is a Class A Misdemeanor with a maximum of 1 year in custody and a $6,250 fine. A DUI also has mandatory minimums in fines and jail. Contact a DUI Lawyer about the facts of your case.
In the United States of America you are innocent until proven guilty. A judge or jury must find that you are guilty beyond a reasonable doubt. This is a very high bar to conviction. While evidence in many intoxicated driving charges is physical evidence such as breathalyzyer test results, it can include police observation of your driving and the results of a roadside sobriety test. A good attorney can challenge grounds for pulling over a driver, and the results of tests. Remember, this is not the Soviet Union and so there are no immediate convictions.
To be charged with a DUI in Michigan, a person's BAC must be .08 or higher.
In SC, you cannot be convicted without a trial of the matter before the Court of proper jurisdiction. There are numerous factors that are involved in the trial of a DUI charge. It would be wise to seek legal counsel with regards to these matters.
Refusing to take the breath test will result in your license being suspended immediately for a period of 90 days. However, this is an administrative procedure and not a criminal procedure. You will still be charged with the DUI and will have a trial date set up on the court's criminal docket, for which you will be allowed to contest the criminal charge of DUI. Again, it has nothing to do with the license suspension, which is not criminal in nature.
There are many factors that are considered as to whether the evidence is sufficient to prove that you were under the influence of alcohol. Not performing well on the field sobriety test (FST) is one measure. Failure or refusal to take the breath test may not make much difference. Every case is different and just because a person does not pass the FST does not mean that they will automatically be convicted. (I have had the arresting officer administer the FST with me during trial on a few occasions I am yet to pass and I had not been drinking).
You can be charged. But convinced is a long way from that.
The 'minimum grounds' are a) that you were driving and b) that you were under the influence. The performance on the field sobriety tests and your refusal to take the implied consent alcohol test (blood, breath, or urine) will be held against you.
If the officer observed erratic driving, alcohol on breath and a failed sobriety test, you can be convicted.
You can certainly be convicted based on the arresting officer's observations of you during the arrest. If you had the odor of alcohol on your breath, slurred speech, bloodshot eyes, were unable to do the field sobriety tests properly, you would probably be found guilty of the offense, without a breath test result. Hire counsel to review the evidence, police reports, etc. and make a determination as to how to dispose of the case in your best interests.
I'd recommend you obtain counsel to assist you with this matter. You have a right to counsel and should not be afraid to exercise that right. If you cannot afford to retain a lawyer, the court may appoint you one at the public's expense. You are presumed innocent until proven guilty beyond a reasonable doubt. You always have a right to jury trial. Don't be afraid to exercise your constitutional rights. Ultimately, whether a prosecutor can meet their burden of proof depends on the alleged facts.
Conviction requires proof beyond a reasonable doubt that you were under the influence. You should immediately seek experienced, local counsel for advice.
The judge or jury makes the final decision. Hire an attorney.
No one can be convicted immediately. You cannot be convicted until you have had a trial and the jury finds unanimously that the prosecutor proved each and every element of the charged crime beyond a reasonable doubt. By "field sobriety test" I suppose you mean the standard exercises the police have you do when they suspect you of DUI (e.g. walk and turn, look up at the stars and estimate 30 seconds, follow my finger). It is impossible to fail these tests because they are not designed as "pass/fail" tests (although the prosecutor and the cop at your trial will certainly say you flunked them miserably) there are many ways to attack these. Consult an attorney.
You should call my office for a consultation or retain a good criminal lawyer to try to get the best possible disposition. You may be able to get the charge reduced to a DWAI violation, but that will still make your insurance rise dramatically. It will be hard for you to get a decent job for the rest of your life and and further arrests will mean a possible jail term. You must realize that drunk driving is a serious crime that can ruin your chances of being successful. It can make it hard to get into a college or graduate school, organization, or apartment. It can make your insurance go to $10,000 a year in some cities. You can be arrested even if you have only had a few drinks and it is likely that you would fail the field sobriety tests even if you are sober.
I'm not sure what you mean by "immediately". If you refused to take a breath or blood test, you can still be charged with a DUI and your refusal can enhance any sentence you receive. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze you case and advise you of your options.
No, to be convicted of DUI, they must prove beyond a reasonable doubt that you were incapable of safely driving due to intoxication. The fact you refused will be something a jury will likely hear about though. Also, refusal has issues in and of itself now.
If the state convinces a judge or jury that based on odor of alcohol, inability to stand, passing out, vomiting or other evidence that you were "drunk," then you would be found guilty of dui. If the state convinces a judge or jury that based on similar evidence that drugs or alcohol affected your ability to drive, then you would be found guilty of dwi. Penalties are the same, except that conviction for dui would cause the MVA to seek revocation of your license, while conviction for dwi would trigger MVA to seek suspension.
If the prosecution can prove beyond a reasonable doubt that (1) you were driving and (2) you were so impaired by an intoxicant (e.g., alcohol, drugs) that you could not operate your vehicle with the same care that a sober person could, then you will be convicted. Your question is "can I be convicted". Unfortunately, legal questions, for the most part, and not like math problems. We can't look at your case and say 1+1=2. That's just not the way the law works. You would be wise to contact a DUI attorney in your area for a free consultation.
If you have been charged with a DUI, you still have a right to enter a plea of not guilty and proceed to trial in the matter. Your first court appearance will be your arraignment in which you will more than likely enter a plea of not guilty, and the matter will be set for a pretrial conference. At the pretrial, you or your attorney will have an opportunity to review the evidence in this case, determine if any plea offers are being made by the prosecution, and determine based upon the evidence whether you should entertain a plea option or proceed to trial. If you failed the sobriety test, but refused the Preliminary Breathe Test, more than likely you were arrested and either given the DataMaster Breathe Test at the station, or had your blood drawn at a local hospital to determine your blood alcohol content. You will need to consult a criminal defense attorney to determine your best interests in your case once all of the evidence (police reports, BAC/DataMaster logs, Blood Sample Analysis reports, etc.) has been made available to you and your attorney.
Refusal of a breath test is a separate offense. In addition, the officer may be able to provide enough evidence based on training and experience to ALSO get the DWI conviction. I suggest retaining an attorney immediately.
You are convicted when you plead guilty or after a trial.
If all depends on the facts and circumstances of each case.
Yes and a more serious sentence.
Depends on what the Jury thinks based on the tape of the stop.
You would have to have a trial. It depends on the evidence about how badly you drove and how you did on the field sobriety tests. The jury would have to evaluate the evidence. Failure to take a test is deemed to be evidence that you refused because you knew you would fail the test so it can hurt your chances at trial.
If you take the case to a trial, the state must prove you guilty beyond a reasonable doubt. They have the burden to prove you were unable to safely drive your vehicle due to impairment by alcohol.
A refusal to test is a separate charged and can be more severe than a DWI offense. In a refusal case, the State must prove that the officer had a probable cause to believe you operated a motor vehicle under the influence of alcohol or in excess of the legal limit of .08 to seek a test and that the refusal was not reasonable.
You can only be convicted upon a unanimous verdict after a trial. The prosecution has the burden of proving your guilt beyond a reasonable doubt. Hire an experienced DWI lawyer to represent you.
You are probably looking at conviction. Refusal to submit to the breath test was a big mistake. By refusing to submit to a breath test, the Department of Licensing will suspend your license for a minimum of 1 year..... even if you were to be found not guilty of the DUI. Also, the prosecutor can have admitted into evidence, the fact that you refused to take the breath test. As far as the sobriety test, without knowing the degree of your failure, I can't really say how this might impact you. I would also be interested in what the police report says about your driving. Over all, it sounds like you have an up hill battle. If you don't have an attorney, get one.
If they charged you with refusal the court will most probably suspend your license 5 days after arraignment.
You will not be convicted immediately. It takes many months to resolve a dui case.
No, the issue of intoxication must be proven beyond a reasonable doubt.
You are never convicted "immediately." You have a right to a trial for DUI/DWI in NH where the State must prove that you are guilty beyond a reasonable doubt that you drove a motor vehicle upon a way while under the influence of intoxicating liquor to any degree.
In Utah you can be convicted of DUI if you are .08 or higher on blood or breath alcohol content, or if the prosecutor can prove that you were under the influence of alcohol, drugs or any combination of the two, to the extent that you could not safely operate your vehicle. So yes, you can still be convicted of DUI, even if you refused the breath test. You will also lose your driver license for a longer period of time, because you refused the breath test (18 months, instead of 4 months, if this is your first offense, or 36 months, instead of 24 months, if this is your second or subsequent offense within 10 years). You need to hire a good attorney to help you with your case. Good luck!
It does not take the results of a breath test in order to be convicted of a DUI. You can be convicted based upon field tests and other observations as well.
There are no immediate convictions on any criminal charges. Consult a lawyer.
The prosecution has to PROVE your GUILT. There is no immediate guilt factor . . . although it seems that way nowadays. You NEED to hire an experienced attorney to protect your rights and to poke holes in the prosecution's case against you. Good luck!
If you didn't take the breath test, DMV will revoke your license for a period of one year. You can request a refusal hearing with DMV to try and prevent this. I would recommend hiring an attorney with experience in these types of hearings. As far as the conviction issues, the evidence that you refused can be used against you in court. You need to speak with an attorney that handles primarily DWI defense. Good luck.
Just because you "failed" the field tests doesn't mean you can't beat the charges. Contact a DUI attorney to discuss your case and all possible defenses.
You need to talk to a DUI lawyer. If the only evidence against you is the field sobriety tests, you might have a pretty good case.
If you did not take a test your license will be revoked for 1 year.
Yes, it is possible to be convicted in court of DUI if you failed the field sobriety test. The prosecutor will need to show that the fact you failed the test, is evidence of you being over the legal limit. Not taking a breathalyzer does leave your lawyer some avenue for doubt, however.
You can be convicted if the jury beieves that you were under the infuence. It is the cops decision that you failed the tests, not the jury's. See an attorney.
That you were drunk.
Not if you have a good lawyer. A DUI case is about a lot of factors. The fact that you did not take any chemical tests makes it a great and very defensible case.
As with any other criminal charge, you cannot be convicted without the prosecuting attorney proving beyond a reasonable doubt, at trial, that all of the elements of the charged offense were committed and that you committed them. Unless of course you voluntarily plead guilty to the charge or an amended charge. So there is no such thing as an automatic conviction. If you have not agreed to plead guilty to the charge, or an amended charge, then there must be a trial to determine your guilt. Whether or not the prosecutor can prove beyond a reasonable doubt that you operated a motor vehicle while under the influence of alcohol without the breath test results is unknown. However, I would think that if you refused the breath test, the arresting officer sought and obtained a warrant for a blood test and that your blood was drawn and a blood alcohol test will have been conducted. So there eventually should be test results showing your blood alcohol content to be used by the prosecutor at trial.
No, it takes a judge or a jury to convict you.
You get a trial.
Not until you have your court hearing.
Sounds like they are also going to add a refusal enhancement. Contact a DUI attorney in your area.
Your question cannot be answered with a simple paragraph. There are rules upon rules upon rules about what constitutes sufficient evidence for a conviction. In general though, you can absolutely be convicted without taking the breath test. Otherwise, no one would take it! If you have been charged with DUI, it is critical that you get an actual lawyer (not web advice) immediately to protect your rights and ensure the best possible outcome. There may be reasons that the stop was bad, or that the evidence was improperly obtained. You will have no chance with those arguments though, if you don't get an attorney who can look at all the facts. The longer you wait, the harder it is to help!
You can be convicted solely on observations of the officer. Without a reading it's harder for them to prove it though.
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