Home > Research Legal Advice > DUI / DWI > I refused the DWI breathalyzer but never asked to sign or if i refused t...
Asked 5 months ago - Houston, TX
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and when I received the paper it said I refused to sign and take the breathalyzer
There was two officers one seems like a rookie and nice but the other one was older and was dis-respectful the older one said well just put that he refused to take the test and sign.
Is this something I should bring up or just leave it alone (as it wouldn't change anything)
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You should hire a lawyer immediately. You only have 15 days after arrest to file for an ALR hearing to fight for your license. You should discuss this and other issues with your attorney. Unfortunately, not signing the form isn't a magical way to beat the case. Most DWI lawyers offer free consutlations, I suggest you avail yourself to a few post haste.
The refusal is only an issue at your ALR hearing or if you go to trial. If you go to trial, your "refusal" could be used an indication of guilt. At your ALR hearing it could used to suspend your license. You need to hire an attorney and make sure you request an ALR hearing within 15 days of your arrest.
It really doesn't matter whether you signed or not - the length of suspension for refusing to blow is the same - 180 days if this was your first offense. As the other lawyers mentioned, you have 15 days from the date you received notice of suspension to request the ALR (Administrative License Revocation) hearing. This is your opportunity to challenge the officer's right to stop you and request that you take the breath test. Hope this helps.
