What are the chances that my DUI charge can be dismissed if I did not submit a blood alcohol content test?
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What are the chances that my DUI charge can be dismissed if I did not submit a blood alcohol content test?
Would my chances be better with a public defender since I do not have the finances for a lawyer who specializes in DUI cases?
Asked on April 9, 2015 under Criminal Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
No, refusing to submit to a blood alcohol content test will NOT result in your charges being dismissed. (Think about it: if it did, then everyone would refuse to submit and there'd be no DUI convictions, ever.) They can generally use your refusal to submit against you, and/or use other means (like a trooper's trained observation(s)) to establish intoxication/impairment.
You should definitely get an attorney if at all possible. Bear in mind that if you can afford a lawyer at all--even if not the quality of attorney you'd prefer, or even if it would be hardship to pay--you most likely cannot qualify for a public defenders. Public defenders are for those who truly cannot afford a lawyer at all.
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