You absolutely have a defense to these charges. "Refusal" cases are extremely fact specific and much will turn on the medical records and how they describe your condition compared to the likely 'prosecution oriented' police reports.
Please feel free to contact me to discuss your case in more detail.
No answer here should be considered to form an attorney-client relationship. You should consult with a licensed attorney in your jurisdiction so that a full evaluation of the facts of your case can be conducted.
You always have a defense. You need to talk to a DUI defense attorney to help you. I hope you requested a DMV hearing within the 7 day period. Failure to request the hearing will automaticslly revoke your driver's license. A detailed analysis will help in determining a viable strategy. Police reports are what,they are. A version of alleged events from the perpective of the police. This does not mean you are guilty. You are presumed innocent.
Contact a DUI defense attorney immediately.
All the best.
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Your posting is not specific as to what medical care you got at the hospital, but your medical records could be helpful in dealing with DMV, the DA, and perhaps at trial as well. Look for a diagnosis as to a concussion, and for a medical blood test for ethanol content (ETOH). This helps pin down what if any alcohol you had in your system, and could help explain a "refusal" you don't remember. While the DA might not be willing to dismiss altogether, it might be enough to convince him/her to let you do a deferred sentence plea bargain (no conviction on your permanent record and case gets dismissed altogether later). As to the DMV side of this matter, you might be able to get a hearing, even if you didn't ask for one timely, if you can show that your medical condition effected your ability to request one timely (as, in not realizing even that you had ever been given a form).
The government must prove each and every element of the charge (DUI) beyond a reasonable doubt. Refusal cases are often difficult for the prosecution to prove because the prosecution cannot simply rely on a number.
You will be well served by speaking with a quality DUI attorney in the Metro area. I wish you the best of luck.
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