Additional potential penalties for DUI refusal
Question: I was stopped by an officer on my way home from an office party in Reseda, CA. I was not drunk but there is an open vodka bottle on my backseat. Does it aggravate my case if I refused to undergo the breath analyzer? How can I be charged with DUI when they do not have proof that I am indeed drunk? Should I hire a lawyer to help with my case?
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Answer: I would definitely recommend hiring an attorney for your case. If convicted of a DUI with a refusal enhancement, the potential consequences or more severe then if there was no refusal. The prosecutor will try to use the driving pattern and observations made by the police officer to show that you were under the influence of alcohol. The open vodka does complicate matters a bit and may result in an additional open container charge. That being said, you may have a good case though. Call me to discuss this at 818-336-1384 as I would like to know more details about your case so I can give a more detailed assessment.