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Refused Blood test for DUI. Results were .06. Case dismissed. Still lose license for refusal?

Lead, SD |

I was arrested for DUI. I refused the blood test because I am almost positive he had no probable cause to arrest other than the fact that I invoked my 5th Amend. right to refuse field tests. If a cop asks me about a bank robbery , and I say I don't know anything or don't answer, that gives him reason to believe or probable cause that I did it? Anyway they got a warrant. Results were .06. Will they take my license for refusal even when case was dismissed? Should I site McNeely case as a defense at Adm. hearing if there is one. Can the judge just decide to give my license back or is it out of her hands. How in the world can a state law say that if you exercise your 4th Amend. right, you will be in violation of the law? How can a cop have prob. cause to arrest with nothing but invoking 5th?

Attorney Answers 3


There are two separate laws.

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It's obvious that you have a lot of questions that need answering and they could be considered outside the scope of generic DUI/DWI defense. As such, I highly recommend you consult an attorney to ensure you have someone ready to provide the best defense possible. Only he or she will be able to gather all the necessary facts. Very simply, though, each state has different laws regarding what a chemical test refusal entails, but a loss of license for a period of time is a likely result. It doesn't matter whether your case is eventually dismissed usually. Regarding your probable cause concerns, this is where an attorney will be able to help the most.

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Discuss your questions with an attorney. As my colleagues suggest, you are comparing apples to oranges. You certainly have certain rights against seizure and self-incrimination in a criminal case. However, the state licensing authority extend a license to you as a privilege. thus it can be revoked for a variety of reasons, including your refusal to submit to a breath test, the stated purpose of which is to make driving safer within the given jurisdiction. A qualified DUI/DWI defense attorney will discuss this much more fully with you, and will explain how the specific facts of your case fit into the applicable law.

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