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Can I Rescind My Refusal To Take A Breath Or Blood Test?


Sometimes, you can try to rescind your refusal of a breath or blood test. Typically, once they have determined that it’s a refusal, officers don’t go back to offering the tests. Their training and case law says that one refusal is a refusal. Most officers are pretty efficient at making sure that the person understands the repercussions of a refusal. I have seen specific officers who are simply looking for one refusal. That’s not the way to treat people who are under such stress and angst. Thankfully, most officers aren’t like that.

I Have A CDL. How Will A DUI Affect Me?

With a commercial license, you run the risk of losing it for a full year, if you get a DUI. You do not have to be in the commercial vehicle when you get the DUI, either. You can get your Class C license, after whatever penalty you would have to suffer, quicker than you would get your commercial privileges reinstated. Also, if you are in a commercial vehicle, the legal alcohol level is 0.04, not 0.08.

The Officer Took My Physical License. Can I Still Drive?

When you are arrested for DUI, the police officer typically gives you a pink piece of paper. This is a 30 days license, which allows you all driving privileges. Get a good attorney, who does DUI defense exclusively, to contact the Department of Motor Vehicles and request an administrative hearing within 10 days of your arrest, so that they can get what’s called a stay of suspension. Then, your license will not go into suspension 30 days after your arrest and it can keep you driving for many months while they fight your case.

If I Missed The Date Of My Admin Per Se or APS Hearing, Is There Anything I Can Do At This Point?

If you miss your APS hearing, contact an attorney right away and discuss why you missed it. The attorney can request a belated hearing. You may want that attorney to draft a letter, explaining why you missed the date. You may be able to get a license that, while the case is going on, allows you to drive beyond the 30 days.

For more information on Rescinding A Chemical Test Refusal In A DUI, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 523-7878 today.

Aaron Bortel

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