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- You can refuse to take a field sobriety test; it is voluntary.
- If you refuse to take a blood or breath test, your license will probably be revoked for 1 year.
- If you take a breath test and your result is .08 or higher, your license will be taken away and you will receive a 7-day permit.
- The officer will give you an Express Consent Affidavit.
- Take to DMV within 7 days – to request a hearing
- DMV will issue a 60-day temporary permit – good until hearing
- If you take a blood test and your result is .08 or higher, the DMV will mail you a letter of license revocation.
- Takes 2-3 weeks to receive.
- You have 7 days to go to DMV to request an Express Consent hearing.
You MUST surrender your license at that time.
- If you do not surrender your license, your request for a hearing will be denied.
- DMV will issue you a 60-day temporary driving permit.
- You do not have to give a sample of your blood, saliva or urine.
- The refusal to take any tests will be used as evidence in the trial.
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