Refusing the breath test: two cases, not one
Refusing a breath test at the station often starts a second case about your license, separate from the DUI. Each runs on its own clock.
When people refuse the breath test, they usually think they've avoided the evidence. In many places they've traded one problem for two: the criminal DUI case, and a civil case about the refusal itself.
Two cases, two sets of rules
The criminal case is about whether you drove while impaired. The refusal case is usually about something narrower: whether the officer had grounds to ask, whether you were warned of the consequences, and whether you said no.
Why the license case comes first
The license consequences of a refusal can start quickly, sometimes before the criminal case has its first real hearing. A request for a hearing may have a short deadline. Miss it, and you may lose the chance to contest the suspension.
A worked example
Sam is stopped at 1am, does poorly on the roadside tests, and refuses the breath test at the station. He gets two sets of papers: a DUI complaint and a notice about the refusal. He calls a lawyer on day three. The lawyer asks for a hearing on the refusal right away, and gets the station video, which shows the warning was read quickly and partly over a radio. That becomes the center of both cases.
What to do in the first ten days
- Find every piece of paper you were given and keep it together
- Write down what happened while you remember it
- Don't post about it, or text about it
- Call a lawyer before any deadline on the papers passes
The rules for refusals differ a great deal from state to state. This is the outline; your paperwork and your lawyer will give you the dates that apply to you.