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Nicholas W.

William R.

Criminal Defense Experience - 40+ Years

What Happens with a DUI Alcohol Test Refusal in Carlsbad?

A DUI alcohol test refusal in Carlsbad and throughout California, on a first offense can result in the loss of driving privilege for one year and additional custody if there is a Court conviction.  If the driver is under 21 years of age, they must submit to the field breath or P.A.S. test in addition to the official breath or blood test at the station.  If the driver is 21 years of age or older, they must submit to an official breath or blood test only.  There are usually two different proceedings with any DUI arrest.  One is the DMV refusal suspension action which is independent of the Court proceeding, and the other is the actual Court action.

With a DUI test refusal, the officer is required to formally advise the arrested driver that they must submit to a breath or blood test, failure to do so can be used against them in Court, will result in a loss of license for one year and they do not have a right to speak with an attorney before taking any test.  They are then asked, “will you take a breth test?” and “Will you take a blood test?”   The officer logs their responses and certifies he read the admonition before requesting the test.  If no test is taken, they are processed for a DMV “refusal suspension” and given a 30 day temp license and suspension notice advising that there will be a one year suspension starting in 30 days.  They are further advised they have 10 days to set a hearing by calling DMV to challenge the refusal and suspension.  If a hearing is set and a refusal is found, there is a one year suspension with no resriction available.

The District Attorney files the DUI Court case with a refusal allegation which can also result in additional mandatory jail time and a one year suspension.  Experienced DUI attorneys are often able to get the DUI refusal allegation dismissed through negotiations on the Court case, but the one year DMV suspension if imposed would still be in effect, even if the charge is reduced.  Call Christoph Law Offices at 760-941-5720 for a free consultation with experienced DUI attorneys who have handled over 3000 DUI cases and have been across from Vista Courts for over 30 years.


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