Must affirmatively request chemical test to rescind refusal.

Topic: DUI, Decided by Judge Woodard 
Docket Number: 1620749 , Decision Date: 2016-02-18 
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A DUI suspect was not shown to have rescinded his initial refusal to submit to a state-administered chemical test by virtue of the fact that he did not refuse to cooperate with a breath test after the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.