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CHEMICAL TEST REFUSAL APPEALS

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Chemical test refusal appeals involve legal challenges to license suspensions following a refusal to submit to breath, blood, or urine tests after being suspected of driving under the influence (DUI or DWI). Under implied consent laws, drivers are deemed to have consented to such tests by operating a vehicle, and refusal typically results in an automatic license suspension. The specifics of appealing this suspension vary by state, but generally, you must request a hearing within a tight timeframe, often 15 days. At the hearing, you or your attorney can challenge the suspension by arguing that the arresting officer lacked reasonable grounds for the arrest, the arrest was not legally performed, or the refusal was not willful. Success in these appeals can lead to the reinstatement of driving privileges, though it's challenging due to the strict legal criteria and the burden of proof typically placed on the appellant.

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Disclaimer: The information provided on this website is for general informational purposes only and should not be construed as legal advice. Consult with an attorney for advice regarding your individual situation.The Rhode Island Supreme Court and the Massachusetts Supreme Judicial Court license their respective lawyers in the general practice of law, but do not license or certify any lawyer as an expert or specialist in any field of practice.
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