Not based on your issue. A refusal is a refusal regardless of the motivation. It is within the discretion of the police department that arrests you as to what test to give you. In a situation like this, your best course of action would have been t go to a hospital after you release and gotten a drug and alcohol screen.
You do not have a right to choose what test the officer gives you, but if you submit to the test requested, you have a right to an additional test of your choice (but you pay for it). However, your case may still be winnable, depending on the other facts of your case. DO NOT WAIT to get an attorney working for you. The officer almost certainly filed to have your license suspended when you refused the test. You only have 10 days to request a hearing to stop the automatic suspension. Please let me know if I can be of assistance. My office is in Duluth and I would be happy to help.
M. Jason Rhoades
In order to invoke your right to an independent test you must first take the test the officer asks you take. For instance, if this officer had asked you for a breath test, and you took then test, then the officer would be required to give you an independent test. However, since you did not first take the officer's test the officer is legally allowed to ignore your request for an independent test. However, I would have an attorney check into the facts of your case because you may be able to get the charges reduced based on the reason for the officer stopping you, whether you took the field sobriety tests or not, how well you did on the tests if you do perform them, and other factors. While the State will argue that you "refused" the test a skilled DUI attorney will argue that you requested a more accurate blood test rather than trusting the State's less accurate breath test.
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