Question:

What questions should be asked during a dmv hearing?

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I was stopped for a dui (1st) and was not told that taking the breathalyser test was voluntary. second I was made to do the test several times.

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  1. In most states taking the breath test is voluntary but if you don't submit it can be considered a refusal and your license can be automatically suspended until you go to court, where the refusal and the actual alcohol violation can be viewed as two separate issues.  It's called implied consent, meaning at the time you signed to get your license, you were also agreeing to consent to a breath test if stopped and asked.  So, having submitted might work out for you better than having refused.  Just a though.

    This really depends on what state you are in.  You might want to check out your state's dmv website.  Also contacting an attourney who can help with the proper questions is a really really good idea.


  2. This is a very serious matter and you shouldnt be asking on Yahoo. go to the phone book and look up the legal aid society in your area, or the local bar association and ask a lawyer. You could end up in jail if you arent properly advised.  If you cant find one. Go to the local county court house and ask to speak to the public attorney. Get legal advice.

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