DUI charge with no field or datamaster test

[TTThornhill]

hello, my name is Travis and im going through an interesting deal in the state of South Carolina. I was pulled over by an officer for speeding and cited a ticket. another office shows up and starts asking my questions about if i have been drinking, i replied a few. my wallet fell in between the seat of my car and i couldnt reach it and the officer told me i had enough time to look for it and to get out of the car. he already seemed to not have the greatest attitude. he asked me to do a field sobriety and i declined, he took me to jail and i declined the breathalyzer. now i obtained a lawyer and they are awaiting to recieve my video of the incident from the police (which was requested 3 months ago almost). the city prosecutor offered an initial plea bargain of DUAC or wreckless driving. my question is can I be charged with DUAC since i didnt blow, and can I be charged with wreckless driving since i had already received a speeding ticket for the same incident?? any advise would be appreciated!! thanks

[retdetsgt]

You need to go to a defense lawyer's forum. This is a police forum. People aren't here to help you beat a ticket.

[Citicop]

hello, my name is Travis and im going through an interesting deal in the state of South Carolina. I was pulled over by an officer for speeding and cited a ticket. another office shows up and starts asking my questions about if i have been drinking, i replied a few. my wallet fell in between the seat of my car and i couldnt reach it and the officer told me i had enough time to look for it and to get out of the car. he already seemed to not have the greatest attitude. he asked me to do a field sobriety and i declined, he took me to jail and i declined the breathalyzer. now i obtained a lawyer and they are awaiting to recieve my video of the incident from the police (which was requested 3 months ago almost). the city prosecutor offered an initial plea bargain of DUAC or wreckless driving. my question is can I be charged with DUAC since i didnt blow, and can I be charged with wreckless driving since i had already received a speeding ticket for the same incident?? any advise would be appreciated!! thanks

You can be charged with anything at all if it's part of a plea agreement and you and the prosecutor are both on board for it.

For instance, it's not unusual for people in my area to plea bargain a speeding charge into a loud exhaust charge even when that was not observed by the officer.

I don't know what "DUAC" stands for (we don't have a charge with that abbreviation in my area) but trust me, you can be convicted of a DWI based solely on the officer's observations of your impairment. No SFST's or Breath Test is necessary. In my state, your refusal to take the breath test is evidence of guilt in addition to the indicators of intoxication the officer saw on the street.

-Citicop.

[TTThornhill]

i apologize, i just thought an officer would know the rules on the questions that I had. im sure an admin will delete this, if i cant figure out how to. once again, my apologies.

[Citicop]

TTThornhill-

We don't generally delete threads here. I answered your question to the best of my ability, and the information provided by retdetsgt and me could still be useful to other members even if you do not return.

-Citicop.

[TTThornhill]

like i stated any help would be appreciated. and thank you for giving me some insight on the plea bargain cnncept

[retdetsgt]

No offense taken. You really need to talk to an attorney who is looking out for your best interest, not the state's.

Good luck.

[mcsap]

As a police officer , I only need reasonable suspicion that you are under the influence to take you in for a blood/ breath test.

1. You admitted to drinking a few.

2. You dropped your wallet and couldn't pick it up ??!!

3. You refused to do Field Sobriety.

4. You refused to submit to a checmical test.

As long as I can articulate that you were under the influence that in my opinion rendered you unsafe to drive, I can charge you with DUI and since you refused , you get charged as though you had a HIGH blood alcohol level.

Even if you were found not guilty in my state , you will get 18 months loss of license for the refusal alone. And the refusal can be used against you in court.

This is all in PA.

[TTThornhill]

thanks for the info mcsap. and with the wallet, i had recently came out of mcdonalds and my wallet slid from the top of my center console and went in between the seat, lol. my main issue with the situations is the one cop pulled me over, gave me a ticket, then another cop came up and gave me the dui. i just wanted to know if this is something that is allowed. and understanding the plea bargain concept (which i do know)

[retdetsgt]

Even if you were found not guilty in my state , you will get 18 months loss of license for the refusal alone. And the refusal can be used against you in court.

This is all in PA.

Same in Oregon. There is an implied consent law, that is when you drive in Oregon you must consent to a breath test or lose your license for at least a year. That's separate from any DUI charge.

[mcsap]

If you are under a .08% , you are CRAZY to refuse. If you are over a .08% , you can of course refuse but the refusal itself can be used against you in court along with ANYTHING else you did as well as the observatiions of the officer.

A first time DUI offender gets treated much better than someone who refuses ( regardless of how many times they have been arrested for dui).

WHY did you refuse ?

[Sgt. Slaughter]

i just wanted to know if this is something that is allowed.

Of course it's allowed.

Completely possible that the 2nd officer is much more adept at DUI enforcement than the 1st. In many states, DUI enforcement can require extra training for certain certifications. It's also more difficult to detect a BAC that is at or very close to .08. The 2nd officer may have noted certain indicators the 1st one missed or wasn't trained to detect as indications of impairment.

Any more information, you really need to get from your attorney. That's why you have one.