Author of "The DUI Answer Book" A Citizen's Guide to Understanding Your Rights

​Who do you want as your attorney? The Master or the student? Patrick Silva has over 20 years of DUI experience, he has been published in DUI reference books, he has spoken in front of hundreds of attorneys at conferences, taught classes to lawyers on his secrets and strategies, and has a nationally listened to podcast dedicated to teaching other DUI lawyers how to win.  (909)798-1500

Q: Refusal First Time DUI?
I am being charged with my first time DUI. It was a refusal and i had a concussion which i have the report for. I crashed into a pole. I did not do a PAS or field sobriety tests. I also never had my breath or blood taken throughout the entire investigation and did not answer any of the officers questions. What is the best deal i can get? Is it possible i can get a wet reckless for this?

​A: You should set up an appointment immediately with an experienced criminal defense attorney to discuss your case in detail. Anything is possible; the question is whether a reduction would be probable. It all depends upon what the cops observed and put in their report. The fact that you had a concussion may negate the refusal allegation in court. The DMV is a different issue as they are going to want to suspend your license for 1 year for the refusal.
If the officers wrote that they smelled alcohol; your speech was slurred; blood shot eyes etc, then the chance of a reduction to a "wet reckless" is harder to achieve. Again, it all depends upon what the officers observed. Also, most arresting agencies are going to request a Warrant to draw blood if they say you refused, so there may be an actual blood-alcohol result that the prosecutor will review.
Generally, you can get the prosecutor to "strike" the Refusal Allegation that not only results in the year suspension but also requires jail time! The DMV has no heart, so you have a tougher time since they don't negotiate like prosecutors will.
You have 10 days from the date of your arrest to request the DMV Hearing, so don't wait! Also, don't go to any lawyer that sent you a "Jail Mail" letter (they buy your name from the police!)