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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4489
Experience:  Almost 12 years of legal experience, primarily in criminal law
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Ive been arrested for DUI in NJ and also refused the breathtest.

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I've been arrested for DUI in NJ and also refused the breathtest. My attorney thinks we can win the dui, but not the refusal. The prosecutor has offered to drop the refusal, if I plead guilty to dui, with a 3 month license suspension. My attorney thinks I should take the deal, instead of going to trial to fight dui ( which we can win ) but we risk the refusal, which carries an automatic 7 month suspension. My question is moving forward, is a guilty dui as bad as a guilty refusal?
In my opinion, a guilty DUI is worse than a guilty refusal, in terms of your record goes. If you ever have a conviction again for DUI, this earlier conviction can be used for enhanced penalties. However, if in the short term having your license is more important than having a record, then the DUI conviction with the shorter suspension is better. But if you are concerned about the long term implications of having a DUI conviction on your record, then the plea might not be a good idea.
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