BAC DataMASTER expert

You have asked this question several times before and the best answer is hire an attorney. Here is what is required to prove a refusal. Special Enhancement – Refusing to submit to a Chemical Test • To prove this allegation, the People must prove that: • 1. A peace officer asked the defendant to submit to a chemical test to determine his blood alcohol content; • 2. The peace officer fully advised the defendant of the requirement to submit to a test and the consequences of not submitting to a test; • AND • 3. The defendant willfully refused to submit to a test. A Officer Fully Advised of the consequences of a Refusal if • 1. Gave the option of blood or breath test; • 2. Told he does not have the right to have an attorney present before saying whether he will submit to a test, before deciding which test to take, or during administration of a test; • 3. If he refuses to submit to a test, the refusal may be used against him in court; • 4. Failure to submit to or complete a test will result in a fine and mandatory imprisonment if he is convicted of driving under the influence or with a blood alcohol level of 0.08 percent or more; • AND • 5. Failure to submit to or complete a test will result in suspension of his driving privilege for one year or revocation of his driving privilege for two or three years. Without knowing more on your case it is hard to tell if it’s a valid refusal. Yes you can have a refusal if you fail to complete a test and refuse the other method, in this case blood. Simply hire an attorney for the DMV and court process. Robert Driessen www.driessen-litigation.com