I just want to know if DUI and refusal to blow/ take the alcohol test are two different things? My boyfriend got his first DUI 2012, paid the fine and completed the necessary requirements to take for that case. Fast forward to November of last year, he was at a checkpoint and the officer in charge insisted for him to take a breathalyzer test (which he refused) He told the officer beforehand that he had two bottles of beer, so thats the reason he was charged with refusal. His license was suspended for 3 mos, car impounded for 7days after the incident.2nd question: Will this charge serve as a second offense DUI or first offense Refusal? What is the best option for him to take in this matter in order to get the best possible outcome in this pending case? I hope you guys can help. (This happened in the Ontario area)Thanks!
Answer by Yossi Schochet
Posted 12 months ago
Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Yossi Schochet, or search the Lawyer Directory.