Would it be relevant to obtain my license again or just let them go???

Do you have a real lawyer or a public defender? The reason I ask is you haven't been convicted yet. Without the breathalyzer they have no evidence. You might beat the charge . I would get a real good lawyer and request the hearing, I think you have ten days to request the hearing

 

The advice to hire an attorney is sound. However your not correct after that. Refusing to blow IS AN OFFENSE all by itself. It is also a VERY serious offense too. This situation is very much like refusing to submit to a drug test. The refusal is considered a positive. Once someone refuses to blow they no longer need the breathalyzer. I have seen this fought in courts in Virginia, Texas and Georgia.

 

I agree that refusing the test is an offense. But I don't know that it's as bad as a DUI conviction. That why I advised get a real lawyer, if it's his first offense he might beat it. I don't know, but a good lawyer should know

 

The main problem with refusing to blow is there is more to it. The arresting cop takes notes. If you took a roadside FST it's most likely on video as is the time period leading up to the actual stop. Also most cases also involve failure to maintain lane, and anything else the cop can come up with. Then lastly a lot of states have mandatory 1 year suspensions for the actual refusal, and in some places you can't get a restricted license. However I do remember once when a lady asked a cop about her right to be blood tested. When they did the blood test it came back a bit under the .08. However the best way to avoid this is simply to not drink after consuming alcohol. The decks are stacked against you as it is. If you go ahead and blow in some places on the first offense you can at least get a restricted license. If you have a CDL I suggest getting an attorney ASAP. Don't sign anything or do anything until one gets there.

 

Not trying to open a can of worms or illicit any response whatsoever.. but to my suprise I cant help but notice how nobody has chewed out the OP with the "you don't belong in the industy, shouldn't be around a truck, get your life in order you addict" comments that usually follow someone simply questioning anything about a drug test and smoking a joint "by accident" x amount of time ago....

That said, no judgements against the OP. Bad decision, poop happens, thank God no negative impact on anyone else because of it. That's crazy how refusal to blow is automatic guilt though. What if you have asthma or other breathing issue..... or just had a big swish of mouthwash and dont want to risk incriminating yourself? Those things arent perfect. I guess that's why lawyers are the end all be all. Hopefully you can get it sorted out and not lose your shirt by the time the dust settles.

Up here if you refuse, they will drag your butt downtown take you to have a blood test done. 0.05 here can get you in big trouble, for a guy who had 1 or 2 beers with dinner and gets roasted - the time spent during the process could save your arse. But if bac comes back at anything but 0, you can bet they will calculate what it WAS at the time of the stop, based on average time to metabolize based on your size and nail ya!

 

This is a bit different.

If the guy had said, “Hey, I was out with friends, and the guy beside me was boozing and our drinks got mixed up, and I went driving down the road and got a DUI, should I try to drive again?”, the responses would have been different.

 

I think in Md. they only force you to do blood test if you hurt someone in an accident

 

I Have a lawyer... I did refuse to take a breathalyzer so that automatically suspended my license for a yr