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How to Avoid A DWI If You Have Refused the Breathalyzer

By Edited Sep 16, 2015 2 5

It truly is possible to avoid a DWI if you have refused the breathalyzer. In your state you may recieve and OWI or DUI charge, which are basically the same thing. If you want to beat the case, it really depends on the details of the DUI arrest, but many people are able to pull it off. As you likely know, in many states, you can lose your driver's license for a full year for your first offense!! The court system may have it's flaws, but you still have a chance to avoid a DWI if you have refused the breathalyzer, and keep your driving record clean.

Refuse to answer the typical follow up questions asked by the officer to avoid a DWI if you have refused the breathalyzer. In most states, the officer is required to ask certain questions as a follow up. These questions will generally include how much you had to drink, where and when. Generally, you have the right to refuse to answer these DUI related questions, and in most cases, it's the wise thing to do. Keep in mind that these questions will be asked after you've been read your rights, so they can be used against you in court. The officer is generally mandated to ask by the state, so politely decline to answer the questions if you want to avoid a DWI if you have refused the breathalyzer.

Challenge the basis of the traffic stop itself to avoid a DWI if you have refused the breathalyzer. The officer must have a reason to stop you in the first place, and if you don't feel the traffic stop was justified, you may be able to beat the case. Keep in mind that the place to make this challenge is in court, not the booking station or out on the road. The judge is the one that will ulitmately decide, so save your breath and wait until your day in court to try to avoid a DWI if you have refused the breathalyzer with this method.

Get yourself a decent lawyer. You can avoid a DWI is you have refused the breathalyzer this way. In fact, a decent DUI attorney may be able to get the charges dropped or greatly reduced. In some cases, simply agreeing to alcohol counseling is sufficient to get the charges dropped on a relatively week case. You can avoid a DWI if you have refused the breathalyzer this way, but it will cost you a few bucks. It's still a lot cheaper than a DUI, so it may wind up being more than worth the investment.

If you simply refuse to lawyer up, and insist on defending yourself, you may want to contact the DA that will be handling the case. You may be able to work out a plea bargain. This is a legitimate way to avoid a DWI if you have refused the breathalyzer.



Jul 21, 2009 3:01pm
I enjoyed reading this barrel. I wonder if Rodney King used these tactics...

The best way to beat the charge in my opinion would be to only drive while stone cold sober.
Jul 21, 2009 6:03pm
I have personally never gotten a DWI. Most people that refuse the breathalyzer are just wasting time, but there have been cases when the breathalyzers were inaccurate. Most breathalyzers nowadays are virtually flawless, so I would probably never refuse one. Anyways, interesting article that you wrote jcmayer777!
Nov 21, 2009 4:44am
Great article from an "insider" haha. Sweet.
May 6, 2010 9:47am
This is some good stuff. Don't plan on needing this info but good to know.
Jul 10, 2010 2:24pm
Ah...looks like this is your very first article, Jason! Great job since...
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