Must affirmatively request chemical test to rescind refusal.

Topic: DUI, Decided by: Judge Woodard 
Docket Number: 1620749 , Decision Date: February 18, 2016 
Attachment: Click here to download the decision. 

A DUI suspect was not shown to have rescinded his initial refusal to submit to a state-administered chemical test by virtue of the fact that he did not refuse to cooperate with a breath test after the arresting officer presented a search warrant and advised him that his failure to cooperate would result in an obstruction charge.

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