I received a DUII after refusing a piss test. When/if the charges get dropped will I get my liscense back?
About a week and a half ago I got into a car stroke of luck. I had a clean breathelizer test but refuse a urine test, was taken to jail, and get a DUII and had my liscense suspended for a year. The next day, after wake up and remembering nothing and having a very stale balance, my family and I went to the doctor and discovere I'd gotten a legally bad concussion in the accident which be the soul reason I refused the test. My household, my lawyer, and I are very confident the charges will be dropped but my question is, when they are, will I achieve my liscense back? Thank you so much! And if possible, please provide a reference beside the answer (if possible). Thank you!
Best Answer:
depends if the judge would afford you the liscence back, but since you failed a urine test it would be more or less hard, the evidence was seized legally because they have probable cause.
Ask your lawyer, not yahoo
How does a concussion affect your ability to urinate? I don't get it. As to your license, ask your lawyer. He would know the essentials better than we would. I suspect, however, that the simple refusal of the test is sufficient grounds to suspend the license.
Your lawyer is the best one to answer this question, but surrounded by most states, your license can be suspended simply for refusing to take the test, whether or not you rout the DUI case. This comes under the doctrine that "driving is a privilege, not a right," and unlike a right, is subject to suspension for any number of reasons, including refusal to hold the test. In short, refusal to take the test is considered a separate issue from driving below the influence.



