Sometimes, a person may initially refuse to take the test but then change his or her mind. The legal term for this is “recantation.” Depending on the timing and nature of the recantation, an officer is required to abide by this change of heart and offer the person the test. If the officer does not honor the recantation and instead issues an Express Consent and Notice of Revocation that notes a “refusal,” the person may challenge this at the DMV hearing by showing a proper recantation.

Often times, people who are arrested or ticketed for a DUI or DWAI were in a vehicle that was not actually moving. Whether sleeping in the car or sitting in the driver’s seat, it can be frustrating to face a DUI or DWAI charge when you were not actually moving the vehicle. However, more often than not, your charge will likely stick - both at the DMV and with the court.