In re Suspension of the License to Operate a Motor Vehicle of Vallender

EAGLES, Judge.

The sole question presented by this appeal is whether the court erred in finding that petitioner willfully refused to submit by concluding that the thirty minute period began to run at 1:39 a.m., when he was advised of his rights, instead of at 1:54 a.m., when the formal request was made.

By statute, a person charged with an implied consent offense has the right to contact an attorney and select a witness to view the testing procedures impliedly consented to, “but the testing *293may not be delayed for these purposes longer than 30 minutes from the time he is notified of his rights.”…