DMV Win in Refusal Case
I received an Order of Set Aside today following a DMV Hearing for a client who allegedly refused to submit to a chemical test. The Licensee had been pulled over for weaving into opposite lanes of traffic and had admitted to taking Xanax and Ambien thirty minutes earlier. He allegedly appeared confused and disoriented and performed poorly on field sobriety tests. He denied drinking any alcohol. The Officer arrested him and according to the police report, the Licensee refused to submit to a chemical test, indicating that he wanted to speak to his therapist first.
Ironically, had my client submitted to a test, I believe it would have been negative for alcohol and the DMV would have automatically set aside the suspension proceedings as they cannot suspend based on drugs alone. However, because of the refusal allegation, he was facing a full year of suspension.