DUI Refusal. I thought I had heard it all. I got locked up by the police and when I was at the police station the lazy officer said to me, "look we both know how drunk you are, will you just sign this waiver of intoxication so I don't have to take you to the hospital to get your blood drawn." And so I signed. Later my attorney told me what I signed was a refusal acknowledgment, not a waiver. Now I am being prosecuted for a refusal dui. Can the cops do this? Can I beat this case?
You can combat a refusal either through a motion to suppress the refusal or through arguing at trial that in fact it was not a refusal. The type of refusal that you have described above is the kind that you would fight at trial. However, your story is so ridiculous that only a jury will buy it-no bench trial if this is your defense.
Labels: DUI refusal