If arrested for Driving Under the Influence, refusing to submit to the blood or breath test can, on a first time offense, lead to the loss of license for one year without the possibility of obtaining a restricted license.
However, a qualified DUI attorney can evaluate the discovery received from the DMV to determine whether the arresting officer correctly provided a choice of chemical tests. A qualified attorney will also conduct an independent investigation into the chemical testing devices and whether the traffic stop or detention was justified. An attorney can analyze whether the test was administered adequately, as particular requirements must be met.
If a proper challenge is made to an allegation of refusal to submit to a chemical test, the suspension of driving privileges will be set aside or dismissed. Successful challenges to a refusal can include that the officer failed to provide a complete admonition, failed to provide a choice of tests or the officer created confusion while admonishing as to the chemical testing requirements.