Not if you have already been found to have REFUSED either at DMV or in COURT. If you have not been found to have refused yet... it is a technical area and an attorney may find a problem. Worth a shot since refusing to take a chemical test in a DUI case is right up there with Robbing a Bank in California !!!
Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.
Assuming you have not been sentenced, or have been but the sentencing was within 30 days ago, consult with a locally experienced criminal defense attorney ASAP.
Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
An appeal might be in order. Without knowing more facts, it is impossible to say.
I recommend going over the situation with your trial attorney or seeking new counsel.
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