A DUI refusals to take a field breath test can be an issue for some people. A field bresth test or P.A.S. Test must be taken if you are under 21 or are on probation for a DUI, you will loose your license for one year if you refuse. You still have a right to a DMV Hearing concerning the issue if you set it within 10 days of your arrest. If you are not under 21 or on DUI probation, then as long as you take the regular breath or blood test and do not refuse, there are no DUI refusals or refusal suspension. A refusal requires legal detention, advisals and a refusal.
Normally the .08 B.A. or more box is checked on the pink sheet suspension notice based on the officers belief based on objective symptoms, field sobriety tests, and driving you are .08 B.A. or more where it is a blood test and no breath was taken. Blood results usually take 3 to 4 weeks to be done by the crime lab. Even with a blood test, it is in your best interest to have a DMV Hearing set to challenge any suspension by setting it within 10 days of the arrest. Normally yuour attorney would set it according to his schedule. Most of the time, he can handle the DMV hearings and Court without you present.
The officers usually do not appear for the hearings and it is done on sworn reports. The officer may have made a mistake on the forms but is not present to correct any errors or ommissions for hearings for .08 or more or DUI refusals. It is better to set the hearing to challenge any suspension because you do not know the blood alcohol level and even if everything was done properly and the .08 B.A. suspension is imposed, you will be eligible for a restricted license after 30 days of suspension and you will make sure that an erroneous refusal suspension is not mistakenly imposed. The DMV will also send you reports which are used for the hearing to your attorney so you will have a preview of all the evidence.
There are a number of issues which can best be explained and addressed by an experienced DUI attorneys like Nicholas and William Christoph, so it is important to contact one immediately to review your case, your DMV issues and make sure the hearing is set by calling within 10 days. Call Christoph Law Offices for a free consultation at 760-941-5720, they are highly rated and have handled over 3000 DUIcases over more than 30 years across from Vista Courts.
