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Is there any point in contesting a DUI charge where I

Customer Question
refused to blow? I was...
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: 1 year ago.Category: Legal
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Answered in 5 hours by:
12/31/2016
Lawyer: Marsha411JD, Attorney replied 1 year ago
Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20,551
Experience: Licensed Atty, 29 yrs exp in the practice of law.
Verified

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

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Marsha411JD
Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20,551
20,551 Satisfied Customers
Experience: Licensed Atty, 29 yrs exp in the practice of law.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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