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Zoey, JD
Zoey, JD, Criminal Defense Attorney
Category: Traffic Law
Satisfied Customers: 27473
Experience:  18+ years of high-volume criminal defense work from arraignment through plea or trial.
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Sir, I would like to know if it's possible to do a valid DUI

Customer Question

Hello sir, I would like to know if it's possible to do a valid DUI test after I refuse to do at the police station
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Zoey, JD replied 1 year ago.
Hello, Can you explain what you mean? Are you asking whether the police can give you a second chance to test? Or are you asking something else?
Customer: replied 1 year ago.
Second chance to do the test
Customer: replied 1 year ago.
I was at the police last night between 10-11pm. I said that was not sure if I want do the test or not and they put like I refused
Customer: replied 1 year ago.
But I didn't drink a lot and I would like to see if I can do a blood test in a clinic something like that, if this would help me someway
Expert:  Zoey, JD replied 1 year ago.
As part of what you agree to in order to get a driver's license in the first place, there's implied consent that you will test if an officer asks you for a blood or breath test. Unfortunately, therefore, anything other than a "yes," is considered a refusal. The police can allow you to change your mind and test you. But it's at their discretion. If you change your mind immediately, the likelihood they will test you is high. But the validity of the test is important, and if you wait too long, that would change the results. So the longer you wait, the less likely the police will test you after all. For the same reason a blood test or a breath test at this point would not prove anything. By now, the alcohol would have left your system. What's important is what was in your system at the time that you were driving, so these blood or breath tests have to be taken close in time to the arrest.
Expert:  Zoey, JD replied 1 year ago.
Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.