What would be a good defense at trial for ‘refusal to blow’ when arrested for DWI?
Tuesday, June 2nd, 2009 at
11:08 am
Going to trial. Refused to take the breathalizer when pulled over for speeding, because an attorney had previously advised me to never take the test. Now I'm being prosecuted for 'refusal to blow.' What is a reason that will convince the jury that I had a good reason to not blow?
Tagged with: Breathalizer • Good Reason
Filed under: dwi attorney
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So your lawyer told you to always refuse? Please tell me you didn't refuse even though you hadn't been drinking…
Anyways, just tell them you were experiencing breathing problems that night due to anxiety or something. Then breakdown and start talking about how you have been feeling really anxious and depressed (but haven't resorted to alcohol because of this) and they might just let you off on the sympathy card.
However, if they took you down to the station after you refused and breathalyzed you there…you're screwed.