it is my first dwi, I refused the urine test, I passed the breathalyzer test, It was a checkpoint and I got arrested because my car smelled like mariuana. They did not find anything on me.
Divorce / Separation Lawyer
If your license was not taken at arraignment for an alleged refusal, you would not be scheduled for a Refusal Hesring. If the court took your license for a supposed refusal, the court should have scheduled you at arraignment. It should take place within 15 days. Retain an attorney to cover this and related issues as soon as you can.
4 lawyers agree
Attorney Christopher Simser is correct. In most situations, if a person refuses a chemical test of their blood, urine, breath etc., at arraignment the judge will suspend your license (and physically take it) pending the results of a DMV refusal hearing, which will determine the future "status" of your license. At arraignment, such a hearing should have been scheduled, and should be within 15 days of said arraignment. However, much of what you're asking is dependent on what exactly you were charged with, and therefore, to answer your question more fully, you should contact an experienced attorney immediately.
Criminal Defense Attorney
Did the court suspend your license? I like refusal hearings because your lawyer gets a chance to cross-examine the police officer without the DA being there to object. Some Judges will give the lawyer lots of lattitude while others don't. Nevertheless, it is a good opportunity to get a read on how strong the DA's case is without the DA being there.
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