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Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20243
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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Is there any point in contesting a DUI charge where I

Customer Question

Is there any point in contesting a DUI charge where I refused to blow? I was in an accident at the time & hit my head & don't remember even being asked.
JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?
Customer: I was taken to the local er. I'm in south Carolina.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Filed or reported how? I got the ticket & its DUI 1st offense & spent 3 days in jail. Ok thx
Submitted: 6 months ago.
Category: Legal
Expert:  Marsha411JD replied 6 months ago.

Hello,

Thank you for the information and your question. Ultimately only a local criminal defense attorney/traffic law attorney who handles DUI cases can tell you if you have a defense against a DUI charge after they have interviewed you in depth about the chain of events that day and after they have reviewed the police report. However, if you believe that you were not over the legal limit for alcohol in SC when the accident occurred, then you may have a defense to the charge. The fact that you refused to blow isn't a defense and also isn't proof that you were driving under the influence. Only the actual facts of your statements, appearance, smell, behavior and blood alcohol if taken after you refused to blow, by blood, will determine whether you have a defense. But, you definitely need an attorney and do not want to make this decision or go to court on your own.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you