Not Guilty DUI Refusal! Client was stopped for speeding and erratic lane travel, admitted to drinking, performed three sobriety tests (the trooper alleged she failed all three) and refused the breathalyzer (BAC Datamaster) test at the station. State v. D.E. Case No. C00864975. Chelan County District Court.
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Adam Susser Reply
Posted Feb 07, 2013 at 06:28:46
Congratulations Nathan! In Arizona, the client is always in a difficult position when it comes to deciding whether to submit to the test or not. Even if later completely acquitted, an arrested person’s refusal to submit to testing will result in a one-year MVD suspension, and, the cops are likely to just apply for and obtain a warrant to draw blood anyway. Excellent result.
Nathan Webb Reply
Posted Feb 07, 2013 at 10:45:25
Adam, the DOL here also suspends for one year due to a refusal (administratively) which was imposed upon my client. The Trooper did have the opportunity to apply for a warrant to garner blood but did not exercise that authority. We had a video which showed my client’s performance on field tests; the prosecutor did not offer but we did! The jury told me after that it was the video which convinced them and if they had to rely upon the Trooper’s testimony only she would have been convicted!
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