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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23564
Experience:  Active member of the NYS bar since 1989
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I got a DUI and failure to blow. I registered in the car but

Customer Question

I got a DUI and failure to blow. I registered in the car but the big machine had a result but I could blow long enough to get the machine to register. I made 3 attempts. I just had surgery on my chest and informed the officer of this. When I couldn't get my result to register I asked if I could have a blood test and he told me no. I live in NE. Is this considered to be falsely accused of a crime?
Submitted: 10 months ago.
Category: Legal
Expert:  Zoey, JD replied 10 months ago.

Hello,

No, this isn't being falsely accused of a crime. They mark it as a refusal because they couldn't get results from you, but you can fight the refusal and probably even prevail on the facts that you mentioned with proof of recent chest surgery.

You need to get yourself a criminal lawyer and request a refusal hearing to challenge the refusal and the revocation of your license due to that refusal. Here's more information on that process. If you don't separately challenge the refusal by asking for an administrative hearing, that's a suspension of your license that will hold up even if you manage to win the case itself in criminal court.

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