The refusal standard is a civil standard. To prove the states case, the prosecutor must show by a preponderance of the evidence that the driver refused to submit to the alcohol test. Standard is not The usual criminal standard: prove beyond a reasonable doubt. As such, these cases are most difficult to win. We have a certified trial attorney. This attorney has been the prosecutor in five separate municipalities. He would be able to try your case. A second refusal has serious consequences for both the loss of your drivers license and possible incarceration. Please call to discuss.
Answered on Feb 09th, 2015 at 3:49 PM