www.seiferflatowlaw.com When the officer requests that you provide a sample, you have the right to refuse to provide a breath sample. However, if you refuse, your license will be suspended for a period of 1 year solely on account of the refusal and regardless of the outcome of your actual case. The reason that DMV can suspend your license for refusing to blow is because our courts have said that driving is a privilege not a right. By driving on public streets, you have in essence given your consent to be chemically tested upon suspicion of DWI. You have the right to refuse, but DMV is allowed to penalize you by suspending your driving privileges. If you refuse, the officer may then transport you to the hospital and obtain a search warrant to draw your blood to get a blood alcohol concentration reading. If the officer does not draw blood, then the State will be limited in its ability to directly prove that you were impaired while driving. If the officer marks you as a refusal, you will be notified by DMV that your driving privileges are going to be suspended for a year for refusing a chemical test. However, you can request a hearing to challenge the grounds of the willful refusal and as long as you request the hearing before the suspension begins, the suspension will not commence until you have had your hearing with DMV.
