State of West Virginia.
My wife was arrested for DUI but refused twice to take the breathalyzer. The police officer advised her of the Implied Consent law in our state. He stated that if she refused the secondary chemical test that her license would be revoked for 45 days. This is a separate issue from the DUI charge.
The paper she signed reads:
The letter reads:
Is there anything she can do about being given this misinformation?
My wife was arrested for DUI but refused twice to take the breathalyzer. The police officer advised her of the Implied Consent law in our state. He stated that if she refused the secondary chemical test that her license would be revoked for 45 days. This is a separate issue from the DUI charge.
The paper she signed reads:
About two weeks later a letter arrives from the DMV stating that her license has been revoked for a period of one year.If you refuse to submit to this test, your privilege to operate a motor vehicle in this state will be revoked for a period of at least 45 days and up to life.
The letter reads:
If she would have known that her license would be revoked for a year instead of 45 days she would have taken the test. A first offense DUI conviction carries only a six month license. suspension.you were given a written statement advising you that your license to operate a motor vehicle in this state would be revoked for a period of at least one year and up to life if you refused to submit to the secondary chemical test.
Is there anything she can do about being given this misinformation?