Articles Posted in Refusal

Confused about refusing a Breath test? Refuse Breath Test Drivers can seek to have an alleged refusal to take a breath test thrown out of court using the “confusion doctrine,” when the implied consent warnings are given following the administration of the Miranda warnings. If successful, the refusal of a breath test was not willful…

“the Court finds that the Petitioner simply lacked the ability to perform the test as requested; consequently, his failure to provide a urine sample cannot constitute willful refusal” Refusal to Submit to Chemical Test DUI Defense Attorney Lawyer has previously written about refusal to take a drug urine test under § 322.2615(13) after blowing under .08 on a DUI Breath…