I am a CDL holder and I was pulled over in passenger car for suspicion of DUI. The office asked me to do the breath test but I chose to do the blood test. Is that considered a refused?
If they gave you an option then the answer is no. But many times if they want a breath test you have to take it. Then you can demand a blood test afterwards. The answer is maybe.
It is not a refusal if you took the blood test. You need to request a DMV hearing regardless of your blood results, and you only have 10 days to do it. The blood results won't be ready in 10 days, but the DMV will still suspend your license if no hearing is requested.
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