Quote:
that's why when a drunk is involved in a wreck, often he will run, and then when he sobers up, he will turn himself in, then they cant convict him of dui
because he will pass the test
Originally Posted by Fredog
the law says your license is automatically suspended if you refuse a test, but you can NOT be convicted of the dui in this case.that's why when a drunk is involved in a wreck, often he will run, and then when he sobers up, he will turn himself in, then they cant convict him of dui
because he will pass the test
Under current laws, at least in my state, if you refuse to take the breath test you will be found guilty of DWI. Your license will be suspended for 1 year and you could spend 48 hours in jail. I believe that they have changed the law to get rid of the DWI designation and now use the DUI for both the implied consent and actually driving under the influence. Refusal is an automatic conviction. I believe that it is the same with most states. I did quite a bit of research on this a few years ago, in several states, and was surprised that to find that you could actually be convicted of driving while intoxicated by refusing to take a breath test, which violates the fifth amendment of the constitution. I have spoken with a couple of people who were convicted under the implied consent laws and was told that it showed up as a DWI or DUI conviction.