DUI Chemical Test refusals after a DUI arrest may result in the loss of license for 1 year on a first offense with no chance for a restricted license by DMV regardless of whether criminal charges are filed. In getting a drivers license, you impliedly consent to submitting to a chemical test to determine intoxication. If you refuse, it triggers a DMV admninistrative procedure whcih could result in a 1 year suspension on a first offense and much longer on offenses with priors. You are served a pink sheet 30 day temporary license and suspension notice stating you have 10 days from the arrest to set a DMV Hearing to challenge to refusal suspension.
The issues at that hearing include whether the law enforcement Officer had: 1. reasonable cause to believe you were driving under the influence, under 21 or on probation with a measurable amount of alcohol, et al. 2. you were lawfully detained or arrested depending on the violation 3. you were properly advised that a refusal would result in a suspenion or revocation and 4. you failed to complete or refused the chemical test after being requested. (If you are 21 or over and not on probation, you may not have to take the P.A.S. field breath test). Officers may also require a blood test under some circumstances e.g. drugs are suspected, breath machine not working etc.
You do not have a right to talk to an attorney before submitting, a refusal may be used against you in Court, and refusals in criminal cases can increase penalties. Refusals in DUI arrests have a number of issues that need to be reviewed, including things like the initial contact, the advisals given, the conduct and statements of the individual etc. With over 30 years and 3000+ DUI cases handled, Christoph Law Offices can help you achieve the best result in your case with the DMV and in Court. Call for a free consultation 760-941-5720.
