Can my son get his DUI dismissed if he didn't do breath test

Question: Can my son get his DUI dismissed if he didn’t do breath test? He has a court date set in Van Nuys next month. My son was pulled over for a blown headlight and was given a verbal warning to have it fixed, and then 10 minutes later was pulled over again by another officer for the blown headlight. But they did not charge him with the blown headlight. Only charge is the DUI.
Answer: The citation and charges will not include the blown headlight as they have the DUI which is a much more serious charge, so they don’t worry about the infraction on the charging document. If your son refused to do a breath or blood test, it is likely that they are also going to charge him with a refusal enhancement to increase the potential penalty. It can be helpful in defending the case if other officers pulled him over minutes earlier and let him go, but it is very unlikely that the charges will just get dismissed because of that, and as I mentioned earlier, refusing the breath test actually increases the potential penalties. He needs to have an experienced DUI attorney review and handle this case. Feel free to call me at 818-336-1384 if you would like to discuss further.
Phil Hache
DUI & Criminal Defense Lawyer