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GMAN: Again, I don't mean to imply anything, but I believe there is some confusion here.Originally Posted by GMAN
I know of someone who was convicted of DWI in my state for refusing to take the breath test. This individual was not driving nor was his vehicle operable. The keys were in the ignition and he was charged and convicted. He didn't serve any jail time, but his license was suspended for a year and he now has a conviction for DWI on his record.I don't believe ANYONE can be convicted of DUI/DWI just for REFUSING the test(s). One can be convicted IN SPITE OF refusing the test. Also, we have established the fact that, in some states at least, one can be convicted without actually DRIVING.
But, in this case, I believe the person was convicted (on the basis of other evidence) IN SPITE OF refusing the test, his license was suspended for one year BECAUSE of the refusal to test, and since he was STILL convicted.... yes... he has a DUI conviction on his record.
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The information that I conveyed came from an attorney who works with these types of offenses. Granted, it has been several years ago, but I assume the laws haven't changed that much. There is a chance that if you take the test that you might not be convicted of DUI, but if you refuse to take the test, whether you were driving or not, you WILL be convicted of DWI. He told me that in my state a refusal is an automatic conviction.
Well.... I'm not saying this attorney doesn't know his state's laws, and I'm not saying that you NECESSARILY misunderstood him. Perhaps, he didn't speak clearly. I don't believe, nor can I find ANY evidence to support, the two statements I have highlighted. I have googled all over the place concerning Tennessee laws, and other state's laws, and can find NO PLACE where these words are used.The information that I conveyed came from an attorney who works with these types of offenses. Granted, it has been several years ago, but I assume the laws haven't changed that much. There is a chance that if you take the test that you might not be convicted of DUI, but if you refuse to take the test, whether you were driving or not, you WILL be convicted of DWI. He told me that in my state a refusal is an automatic conviction.
I agree with you on many of your points about convictions based on possible actions. And I appreciate that you share my concerns for any infringement on our constitutional rights.
I'm in NO WAY condoning drunk driving! I just think there has been a bit of confusion concerning how a refusal to test can affect the conviction for DUI. It CAN add to your sentence IF you are convicted. And it WILL lead to a DMV suspension of your license even if you are NOT! But, it can NEVER lead to an "automatic" conviction.
I THINK he meant.... "There is a possibility that if you TAKE the test, you still MIGHT NOT be convicted of DUI, but if you REFUSE the test...it doesn't mean you WON'T."
And that "in your state (and pretty much all others) a refusal to test is an AUTOMATIC SUSPENSION."
It can NEVER mean an automatic CONVICTION. But, it almost ALWAYS means an automatic SUSPENSION.
Hobo