Test refusal
I freely admited to being drunk, but after an extended period of harrasment I refused to take a blood or breath test. I'm not planning on fighting the DUI charge, I'm just trying to keep my liscence so I can at least drive to work.
Asked on 4/01/09, 3:04 pm
2 Answers from Attorneys
Jim Forslund
Law Office of James C. Forslund
Re: Test refusal
Then you have to fight the stop.
Answered on 4/01/09, 3:07 pm
Philip Rosmarin
Rosmarin Law Firm
Re: Test refusal
You need to call the DMV immediately and ask for an express consent hearing. You had seven days from the date of the incident to do this. If you cannot show that the cop had no reason to stop you, or that the request to take the chemical test came after two hours post-arrest, or some other illegality on the part of the police, you will lose your license for a year.
Answered on 4/01/09, 6:46 pm
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