What chemical tests can be refused at the police station?
If you refuse to take the Intoxilyzer chemical test of blood, breath and urine, you may be subject to losing your license for a year. If you go before a judge and are informed you are accused of refusing to take the test, you will be scheduled for a refusal hearing with the Department of Motor Vehicles shortly thereafter.
That’s a very important hearing that a client must go to. Some lawyers figure you lose anyway; and don’t bother going. However, it is filled with discovery that can be priceless to the defense of a DWI case. The police officer has to show up at the Department of Motor Vehicles and testify.
He testifies why your car was stopped; how the person was accused of DWI; if you were informed of your rights to take or refuse the test; and whether the person understood refusal means losing their license for a year.
After police testify, the attorney for the defendant/accused, gets to question the police officer. This is not only a lot of fun but it brings out all the information you never get on a regular DWI case. You get this phenomenal information before the case even gets to court a second time.
It’s very important people don’t miss this hearing. Hire an attorney who knows how to handle the case and cross examine the police. Again, it is priceless.
Are there cases where people attempted to take a test but are still accused of refusing?
Police officers accuse people of not blowing hard enough. You have females, more than males, who are crying and not capable of blowing hard. People who have asthma can’t blow hard enough. These are silly tests.
There’s a machine that you have to blow into until the machine stops and says you blew hard enough. Police officers push one button and say the machine is good to go. However, there is no method to say the machine is working properly.
Plenty of times, people say they tried to blow three, four times. I have people who blew hard enough. However, the machine wasn’t working properly and never gave a reading. Finally, the police officer gave up and said it was a refusal.
You also have people who the police are mad at. I have a case where a witness heard my clients say he will take the test. Still, the police officer put it down as a refusal because he was mad at my client. All these things are possible. All these things do happen.