Refused breathalyzer in 95 acquired Class A in 2009

In Arkansas to refuse is to lose your license whatever it is. Poof, GONE. Then you are chained and taken to the station to get blood drawn against your will. And it will go from there. Downhill.

Arkansas intends via a commercial program that they have been showing on our local TV that ALL Drinking or drugging driving will cost the offender upwards of 10,000 US dollars plus by the time our system finishes breaking that offender.

I hope you have that much, plus 50K bond cash and a bunch more for the lawyers.

 

From what I can see the OP made that post at 5PM on the 19th and has made no post since. I'm starting to have a serious belief the OP is an alcoholic. No reply to mine at all. Of course I hope I am wrong. But with these new (or older forum member in new nick) people that start off with who does hair testing or makes a post like the OP did with that magical word (disqualified) in it will always set off my BS meter. I say this because over the last 10 or so years I have cultivated friendships with HR and safety types in several of the megacarriers as well as some very small carriers near my home. It would shock most of you how many people make applications to these carriers that for insurance or other operational reasons are unhirable. Case in point. I know of a carrier that is close to me that I know one of the managing partners. They have a contract with a tobacco company to haul tobacco from This area up into Canada. Because the location where these loads go considers a DUI as a felony they can't hire the driver.This is why I want to yank what little hair I have out with some of the advice I see given in these forums. Some of the carriers don't have specific rules preventing convicted felons from hiring on. Same with people that don't have hazmat etc. However many of these carriers have traffic lanes and you as a convicted felon or non hazmat holder might get laid over for days why the carrier tries to get you a load out. This is because in some area's of the US with several Carriers they have contracts that require a Canadian entry or hazmat . At one point in the past Schneider was such a carrier. I don't know today if this is still happening. Now since I started this I am going to vent. NO ONE and I mean NO ONE has an encyclopedic knowledge of ALL the carriers and ALL of their contracts and customers. You can list 10 or 20 carriers and 8 or 10 of these carriers might hire you, but won't not because of their rules but rules of their contracts and in some situations servicing these contracts is the only reason they are hiring. It is what it is.

 

I was a hazmat once and always Canada run no issues. I did give up the hazmat after being mistreated by a cranky dispatcher #####ing about my little bypass route around a city that took a additional 30 minutes instead of straight through.

I don't know about you, any dispatcher or company worker wanting to abuse me over 30 #### minutes complying with laws providing for me to go around a #### city with a load of KABOOM deserves to burn in his anger.eff him.

 

Alcohol is odorless, officer...

It holds up in court here as well as refusing to take FST's but refusing to take a breathalyzer is an immediate suspension.

The goal is to get the officer to use "alcohol" instead of "alcoholic beverage" and by refusing to demonstrate the field tests you can limit probably cause.
Just gives lawyers something to work with. Funny how that's our judicial system, plagued by technicalities.

 

It is called implied consent. The act of putting a motor vehicle on a public road goes with it the concept of consent to blow. If you refuse to blow most states will suspend your drivers license for a period of time. IF YOU ARE A CDL HOLDER and in ANY CLASS vehicle and get a DUI/DWI OR refuse to test that is strike one PER the FMCSA. You are disqualified for one year. If you do it a 2nd time YOU ARE DISQUALIFIED FOR LIFE. This is even if you were in a none CDL vehicle. DO NOT BELIEVE THOSE SUPERTRUCKER TRUCK STOP ATTORNEYS. read the table in 383.51. LIFE means from now on. There is of course an exception (federal bureaucracy's don't exist without at least one).

(6) Reinstatement after lifetime disqualification. A State may reinstate any driver disqualified for life for offenses described in paragraphs (b)(1) through (8) of this section (Table 1 to §383.51) after 10 years, if that person has voluntarily entered and successfully completed an appropriate rehabilitation program approved by the State. Any person who has been reinstated in accordance with this provision and who is subsequently convicted of a disqualifying offense described in paragraphs (b)(1) through (8) of this section (Table 1 to §383.51) must not be reinstated.

I think 383.51 speaks for itself. A word to the wise. Be careful when consuming alcohol if you hold a CDL.

Just one DUI/DWI or refusal to blow WILL COST YOU YOUR JOB. If you are on active driving status you have just been removed. A carrier that continues to employ you as a driver can be fined This is not a suspension of revocation of your CDL. It is a federal disqualification.

 

If you don't blow or perform any tests given to you, with the help of a good lawyer you have a good chance of getting the dui tossed. And then once again with your trusty lawyer, once he gets your DUI tossed he can work a deal with the state and get your refusal suspension tossed as well. I speak from experience from my previous cases here in Illinois. Money talks when it comes to the judicial system, be ready to fork it out.

 

To back this up more,, This is NC.



Implied Consent
North Carolina law requires you to take a blood or breath test if you are arrested for a DWI. North Carolina’s “implied consent” law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving while intoxicated, then you consent to taking a chemical test of your blood or breath for the purpose of determining your blood alcohol content (BAC). The test may be taken at any relevant time after you have been driving. The courts in North Carolina have not explained exactly how long “any relevant time” is, but they have allowed a test to be taken as late as three hours and forty-five minutes after a person had driven. You can read more about the relevant time to take a test in the case State v. Patterson, 708 SE 2d 133 (2011).

You could be asked to take a breath test even before you have been arrested. An officer can request a breath test at a check point, or if you were in an accident, or if an officer catches you breaking a traffic law and reasonably believes you have been drinking. It will not work in your favor to refuse this preliminary breath test. Once the officer has a reasonable belief that you have been driving while intoxicated, then he or she can still arrest you and ask you to take a chemical test, which you cannot refuse without penalty.

You can read North Carolina’s implied consent law in the North Carolina General Statutes 20.16.2

Refusing to Take the Test

1st Offense..
1 year license suspension

2d offense
No statutory provision

3rd Offense
No statutory provision

Once you are arrested, the officer should tell you and give you notice in writing that you will lose your license for at least one year if you refuse to take a test. The officer must also tell you that you have certain rights. You could get an additional test if you choose to submit to the first test. You have the right to speak with an attorney and to have a witness with you while the test is taken. You only have 30 minutes, however, to consult with your attorney and get your witness to the test site.

If this is your first refusal, then you could get a limited-driving privilege after you have finished six months of your suspension. This privilege is only available if you haven’t been convicted of a DWI within the past seven years. Also, this option doesn’t apply if you caused an accident that killed or seriously injured someone.

The consequences of refusal are found in the North Carolina General Statutes 20.16.2.

Should You Refuse to Take a Mandatory DWI Test in North Carolina?
It usually does not help you to refuse to take a blood or breath test when you are arrested. For a first DWI in North Carolina, you will have to pay a fine, perform community service, and you could go to jail. The amount of the fine and jail time depends on how high your BAC was, whether you caused an accident, and your overall driving record. Unless you know a test will show that you are at the tipping point for driving drunk and you have a clean record, the consequences for a DWI will be more severe than a suspension of your license. Still, refusing the test does not guarantee that you won’t be convicted – you could be found guilty of a DWI even if your refusal means that the state does not have proof that your BAC was over.08%, the legal limit for those over 21. In fact, the prosecution can use your refusal against you by arguing that you refused the test because you knew that you were intoxicated and guilty of DWI.

 

Hire a lawyer and get your record ( DUI refusal) expunged.

 

Before I make my comment about hiring an Attorney I am admitting I have very little legal knowledge. What I have always thought though is an attorney can't no matter how good they are just make something go away. The refusal if you believe the OP (something that I am not doing so anymore) is almost 20 years old. No matter where it happened an attorney can only attack the evidence and/or the word of the officer to either get an acquittal in court or to get a conviction tossed. It aint that easy folks. No attorney anywhere in the US is going to guarantee they can and/or will get a conviction tossed. I contend that a properly charged case with clear and unimpeachable evidence is NOT going to get (tossed) out like yesterdays trash.

In the case of these prepaid legal plans most of these attorneys get speeding tickets reduced to non moving violations. Generally speaking folks once a court gets its claws in you your going to pay. I'm going to stand by my comments. If you hold a CDL be careful where and how you consume Alcohol.

 

Did you self certify with your state?

The OP has to deal with the Refusal. What was the implied consent law in effect at the time they got pulled over.