If he is under arrest for a DUI he is able tor efuse a breath or blod test, but if he refuses, the DOL will suspend his license for one year. If he sends in the driver's hearing request for within 20 days of the date of his arrest, the DOL will schedule a hearing for him to challenge the suspension.
Your son (or you) needs to consult with an experienced DUI attorney right away to discuss the specifics ofhis situation and all potential defenses. There are always several ways to challenge any DUI prosecution, but the sooner you act, the better.
There are a number of issues raised by your fact pattern. Consult with a criminal defense attorney right away to ensure that any license suspension issues and defenses will be raised.
Len's advice is sound.
The reason they took his blood is that if you refuse, they're allowed to get a search warrant for your blood. Sounds like you need a skilled DUI attorney as soon as possible - especially considering the DOL implications.
Every case is different, and this is not intended to be anything other than helpful information. This in no way creates an attorney-client relationship between us. If you'd like to speak further about this answer, feel free to call me for your FREE CONSULTATION at 425-424-9401.
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