DUI charge – the policeman lied and said my father refused to take the breathalyzer test?

what extra charges do you get? how can he combat this without pleading not guilty? this is disgusting...help. he can't get his hardship license for 90 days now because of it
would like to note that there was no blood test taken(what they do if you dont atke breathalyzer) and he admitted to being drunk immediately after being stopped
he took the test, i saw it. however i just found out he wasnt blowing hard enough. the policeman gave him 3 tries and then stopped. i guess this counts as refusal? ive never felt more angry. to the first answerer, you are a scumbag if you believe someone should lose their hardship license and not be able to drive to work for 90 days and you are more of a scumbag if you think any of those people get drunk within that time frame. commit suicide with the two sided sword of your own ideals
and to the shameful first answerer, yes it is his first offense. please look up things before you answer questions about them, or better yet get your sheep hands off of the keyboard
i guess i should clarify that the 90 days without a hardship is directly because of a breathalyzer refusal charge, and there is 6 months added to license suspension. BUT WE BETTER KEEP DEM WORKING CLASS PEOPLE OFF THE STRETE TO WORK FOR 3 EXTRA MONTHS SO WE R SAFE DRIVING TO THE K MART..THEY GOT SOME GOOD DEALS THERE AT THE INDIANA K MART!!! THIS IS WHERE WE FILMED HOOSIERS
he wants to plead guilty and pay all the fines and do community service etc but the fact is that he does not get his hardship work license for 90 days now because of this non communication. the cop purposely wrote up the ticke tbefore the breathalyzer test so we would have no idea he put him down as refused. ugh
he did go to prison, garbage marine guy. he was bailed out. it's a regular dui. this is added on. oh my god what is wrong with you horrible people who have no idea what youre answering about
yeah, he didn't get a machine test. i guess we do have a "case" per se but a dui lawyer is like 5 thousand isnt it..he was meaning to plead guilty and still is. im glad theres some helpful peopl ehere

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Greg R says:

February 14, 2010 at 5:03 pm

Your question needs to mention what state your father is charge in. Generally a statutory summary suspension is given for refusing to take an alcohol test requested by the police. During discovery it may be noted that your father made three attempts and could not provide enough air to register in the machine. If you father has a medical condition or can show why he was not able to provide enough air the judge may rescind the summary suspension and your father will not lose his license for any time.

It is always a bad idea to talk to the police about drinking. It is a bad idea to explain anything to police while one is being detained. Also, he should retain an attorney because it is not abnormal for a police officer to screw something up during the stop and or arrest and it may be a basis to exclude evidence and result in a acquittal in court.
quizzard123 says:

February 14, 2010 at 5:03 pm

Were you there? So you know the policeman lied? If so, you can testify to that in court.

Because frankly, if it comes down to the word of two people, any judge will take the word of the police officer over that of a drunk.

He admits he was drunk, he deserves losing his license for 90 days, so the rest of us can be SAFE for at least that long. Incidentally, that is a fairly stiff penalty, so can I assume this is not his first offense?
Hey there says:

February 14, 2010 at 5:03 pm

Were you there, or are you just taking the word of your dad? I ask this because many, many times, people have refused to take the test, and later, when the realize it’s an automatic suspension of their license, change their story. Also, because he admitted guilt, and most likely failed any field sobriety tests, it really doesn’t matter. Each state does it differently, in mine, you automatically lose your license for 90 days for refusal.
saint_plazma says:

February 14, 2010 at 5:03 pm

If he admitted to being drunk theirs nothing you can really do. I also think that it would have been recorded, to prevent things like this from happening. I know in my state if you do refuse to take a breathalyzer it becomes an aggravated DUI, in some state it moves misdemeanor, to a felony, it really depends on state, bottom line find a DWI defense lawyer at http://www.1800duilaws.com

If its going to cost to much see if there’s a lawyer that will do it pro bono or at a cheaper rate, there’s also the public defender, he has a right to legal advice no matter what
marine5 says:

February 14, 2010 at 5:03 pm

Yeah…Alcoholics never lie and it
is "Always" some one else’s fault…

He could have gone to Prision…
mj295513 says:

February 14, 2010 at 5:03 pm

unfortunately you are going to find this one hard to refute. unless you have video evidence it is unlikely that the "refusal to provide" is going to hold.

If your dad did not blow hard enough this is also classed as a "refusal to provide" under which circumstances the police officer should take him to the local station and perform a machine test. From here if the test is refused then a mandatory ban is enforced.

However if a "refusal to provide" occurred at the road side but he was not taken to the station and asked to provide at the police station you may have a case.