The Refusal Trial

The Refusal Trial

The Refusal Trial operates in much the same way as the DUI trial.  However, the prosecution’s job is much easier at the Refusal Trial.  In order to prevail at the Refusal Trial, the prosecution needs to prove, by clear and convincing evidence, that the police officer:

(1)  Had reasonable suspicion to believe that the driver operated the vehicle while intoxicated,

(2)  Asked the driver to take a Breath Test,

(3)  Informed the driver of his right to be examined by a physician of his own choosing,

(4)  Informed the driver of the penalties for refusing to take the Breath Test, and

(5)  The driver refused to take the Breath Test.