I refused the breath test in the room with the breathalizer and and asked to take it the minute I walked out of the room, but the officer said 'forget about it, I had probably sobered up by now; is this considered a recantation
2 Answers from Attorneys
It is not a recantation, but it is evidence that you did not refuse. I know of nowhere in the statutes where it says an individual cannot change his/her mind after an initial refusal, or where it says the cop can refuse that request. See an attorney ASAP.
You have ten days to challenge the suspension. Think about the consequences and the total cost of having your license suspended for one year for refusing the breathalyzer versus the cost of an attorney.
A lawyer with all the facts is going to be able to give you a more complete and accurate analysis, but the little bit you've set forth here gives an indication of a good shot at winning at least the suspension challenge hearing, if you act quickly and speak with counsel.
Best of luck.
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