The first step in fighting a charge that you refused a post-arrest blood and breath test is to request a DMV hearing. This must be done within ten days of your arrest for DUI. If you do not request a DMV hearing within ten days then your license will automatically be suspended. If you contact our office within the ten-day period, we will request a DMV hearing on your behalf, free of charge. At the DMV hearing over a refusal, we can attack whether you were lawfully arrested, whether you were properly advised of the requirement to test, and whether you truly refused.