How should I contest a dui non verbal refusal?

[tranquility]

Most of the states I am familiar with have an "implied consent" law, with implied consent to chemical tests a condition of getting/retaining a drivers license in the state.

Even TigerD's Missouri has implied consent as well. But, they do allow an arrestee 20 minutes to contact and consult with an attorney. Wild.

 

[quincy]

Even TigerD's Missouri has implied consent as well. But, they do allow an arrestee 20 minutes to contact and consult with an attorney. Wild.

Thanks, tranquility. The magic link technology worked.

The fact that Missouri differs from Georgia, and many (most?) other states, in their implied consent law is certainly one reason why the state name is requested of all posters.

 

[TigerD]

Even TigerD's Missouri has implied consent as well. But, they do allow an arrestee 20 minutes to contact and consult with an attorney. Wild.

There isn't anything wild about it.

You are placed under arrest and taken against your will to the location of the breath testing voodoo box. Then you are coerced into making a decision to provide evidence against yourself under the threat of taking your license if you refuse - AND, in many states and counties, if you refuse, they will immediately get a warrant for a blood draw. Your choice to consent to the blood test is not knowing, intelligent, and voluntary if you are being coerced by threats of additional charges (ala Kansas prior to the recent Court decision banning it after Missouri v. McNeely rightly pointed out that the 4th Amendment trumps state legislatures) or by an "automatic" taking of your license for one year, which is - in every state I've researched neither automatic nor a sure thing. You have a right to request a hearing and due process before your license is suspended and you can challenge the suspension. Most lose, but many win and keep their license.

We can talk about the inherent problems with breath testing and blood testing at length. The breath machines use proprietary software that is not available to be review for accuracy in the scientific process. They are calibrated for the average 34C. The problem is that that artificially inflates breath test results as 34C is 93F the average body temp is 98.6. A single degree of difference in breath temp is enough to swing a breath test into the presumption of intoxication range or past the enhanced punishment level. The system is frought with error.

And let's not even get started on the problems with the SFSTs.

Only a fool would be willing to provide evidence against themselves after arrest without at least attempting to speak with a lawyer.

 

[Zigner]

Your choice to consent to the blood test is not knowing, intelligent, and voluntary...

I disagree. One "consents" when one seeks the privilege of obtaining a driver license, not to mention that one is made aware, prior to obtaining their license, of the consequences of later refusing.

 

[quincy]

I am not so sure that Missouri allowing 20 minutes to contact and consult with an attorney is that much of a help, actually, unless the arrestee happens to have an attorney on speed dial and the attorney is on-call 24/7.

 

[TigerD]

I am not so sure that Missouri allowing 20 minutes to contact and consult with an attorney is that much of a help, actually, unless the arrestee happens to have an attorney on speed dial and the attorney is on-call 24/7.

Practically speaking it isn't. Although police screwing it up gives some shelter to suppress.

TD