The officer said I refused, but he never even asked me to do the breath test. Why did he do that? What can I do?

Sometimes, but not often a police officer can forget to ask you to provide a breath sample, realized it later and couldn’t fix his mistake so he covered it up by saying you refused.  Other times, an officer will simply say that you refused based on allegations of aggressive or defiant behavior.  There are also situations where an officer doesn’t want to deal with the process and writes you down as a refusal to avoid additional paperwork.  These things happen which is why it is very important to have a DUI defense attorney working for you right away after your arrest for DUI in Ft. Lauderdale, Broward County or Broward County.

A criminal defense lawyer will ask the court for permission to take the depositions of each officer and witness in your DUI case.  At these depositions, your DUI defense lawyer can ask the police detailed questions about each phase of the investigation and arrest.  Most often, lazy officers are exposed through this process.  Officers who write vague reports will try to substitute their “memory” for what is missing from their report.  Whenever an officer says “My best recollection is…” what he really means is “I didn’t take the time to write that down, so I am going to wing it right now”.  Don’t fall victim to lazy officers, get an experienced DUI defense attorney to fight back.

Ratings and Reviews


Client Reviews

Outstanding service from lawyer Grant Ian Schwarz.

Lawyer Grant Ian Schwarz provides outstanding service. I recently hired him for my case earlier this year and on the day of the trial it got dismissed with ease. Not only did that case get dismissed but my first case three years ago got dismissed as well with Grant by my side. Mr.Schwarz is a reliable lawyer who I would recommend to anybody having any sort of legal issues. Grant is an extremely caring lawyer who will answer all questions that you have and will respond to any e-mails, texts, or phone calls that you send his direction. I cannot forget to mention his confidence in the courtroom is amazing and it truly shows his greatness. Grant Ian Schwarz is the right lawyer for you. Thank you for everything Grant.

— a Criminal Defense client