BREATH TEST REFUSAL

Q: "I refused the test, and now I can't drive for six months!  What do I do?"

A: You did the right thing for your case, and you can defend your driving privilege at a hearing.  Often the policeman will become upset with someone who doesn't agree to give a breath test. Police get upset when you don't take the test because you have made it more likely that you will not be convicted. He feels that his time may be wasted and that someone he thinks is guilty will get away. When they are upset, the only thing they can threaten you with is that you will lose your license for six months. Even that threat is not certain, because you can request a hearing to see if he acted properly in arresting you. If your DWI lawyer shows that he acted improperly or if the police officer does not appear when called to testify, you get to keep your license even if you refuse the test. If you lose the hearing your DWI lawyer can obtain an occupational license for you right away.  After a first offense DWI arrest there is usually no problem getting this kind of license, and you will never be without the ability to drive.  For second and third arrests, there is a waiting period of three months before you can get an occupational license.