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Juliana
Juliana, Lawyer
Category: Criminal Law
Satisfied Customers: 1651
Experience:  Former prosecutor with 4 years of experience, criminal justice degree
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The state it occured in was Louisiana. I do already have three

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The state it occured in was Louisiana. I do already have three because I pertty much lost it for a period of a year and racked up three,which I accepted a plea bargain for misdemeanors in all these charges. Now it's coming back to haunt me. Could you give me any advice on what I could possibly look for to exploit, for lack of a better word, to be useful in fighting this? I've already set an appointment for in the morning with an attorney in New Orleans who specializes in DUIs. And is not blowing really beneficial to my case, or is it just something lawyers use to get your hopes up and get a client?
Hello again,

Thanks for your positive rating on the previous question, and thanks for requesting me to answer this question.

Well, let's put it this way: prosecutors like it when a DUI defendant has taken the breath test, because barring any problems with the breath testing instrument itself or the training/certifications of the officer who administered the test, a case with a test is pretty much an easy conviction.

On the flip side, defense attorneys like it when a DUI defendant has refused the breath test, because the "under the influence" charge gives them a *lot* of room for arguing that the defendant was not, in fact, under the influence. That is, they can argue that the defendant's eyes were bloodshot because he was tired and hadn't slept in x number of hours; he did poorly on the field sobriety tests because he has a bad back or some other physical problem that messed up his coordination and prevented him from doing well; he smelled like alcohol because he has diabetes and was in ketosis, and things of that nature. These types of arguments can't be made if the defendant has taken the breath test, because all that matters then is the result of the test, not whether or not the defendant appeared to be under the influence of alcohol.

So, what I'm leading up to is that my best suggestion for a DUI refusal case is to take the case to trial. With a refusal, a defense attorney will be able to make a lot of arguments on your behalf that the jury or judge may find convincing enough to find you not guilty. I was somewhat of a weird prosecutor because I found DUI refusals to be a challenge to prosecute, unlike the open-and-shut DUI cases that had a test (they are very dull, to say the least), but certainly not all prosecutors feel this way. But, whether the prosecutor personally likes to try refusals or not, the botXXXXX XXXXXne is that refusals are difficult from the prosecution's standpoint because it's much easier for the defense attorney to make a convincing argument that will lead to a not guilty finding.

Of course, the suspension that goes along with a refusal is never pleasant, but I'm sure I'm not telling you anything new as far as that goes.

Anyway, good luck with your attorney tomorrow morning, and I wish you all the best with your case!

Juliana
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