Quote:
Originally Posted by REDVAN
how do you get convicted of drunk driving if you don't provide a sample? how can it be proved you were drunk? it's supposed to be innocent until proven guilty, so how do you prove it? I am not saying it's right, I am just wondering how it works.
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Typically the ole standard DUI, is actually 2 charges: 253(a) and 253(b). Part a is based solely on operating a motor vehicle when your ability is impaired by alcohol (or drug) and part b is based soley on the breath test- over .08 mg%. Part a is thus based on observations made by police about the persons indictia of impairment. ie slurred speach, smell of booze, etc. AND can include a roadside test. You can be convicted of part a and the refusal (different charge 254). There are different refusals though. A refusal of a roadside and a refusal of a breathalyzer- with the roadside, you won't be charged with 253(a) only with the refusal. If you refuse the breathalyzer, you will be charged with 253(a) and the refusal.
In this case there was no 253(a) thus I would think police simply did not have the necessary evidence to lay the charge. Without part a, there can be no part b.
In terms of severity, as people have mention, the severity is the same. Keep in mind, that the vast majority of impaired drivings never to jail time.