Refusal Defenses

If you are charged with the refusal to take a required chemical test, the officer’s statements to you acquire a critical importance. For instance, if the officer misled you in her explanation of your rights, your confusion may constitute a defense. Some officers will count it a refusal if you merely ask a question before consenting to a test. The appellate courts have upheld motorists’ rights to ask certain questions before deciding, so make sure you have an attorney who is well-versed in this area of the law.

DUI Defense #20

→ Officer failed to advise you properly of the consequences of refusing.

Defense #21

→ Despite verbal “refusal,” you cooperated and allowed the test to be performed.

Defense #22

→ Officer confuses you by reading conflicting implied consent warnings and Miranda rights.

Contact us if these defenses could help you.