A DUI refusal hurts a client's case more than it helps in most cases. When an individual is stopped or contacted and there is a reasonable suspicion that they are driving under the influence, they will be asked to take a blood or breath test for alcohol or drugs. Refusal to take the official test can result in loss of license for at least a year or more by DMV depending on whether there are priors. Even if a person refuses, the officers can get a telephonic warrant to draw blood against the defendants will, and there are times when a warrant may not even be necessary. Then you end up with a blood result in addition to all the negatives of a DUI refusal by DMV and the Court.
In order to be an actual refusal the Officer must have a reasonable belief that you were driving under the influence of alcohol or a drug and must inform you that state law requires you submit to a chemical test to determine the alcohol or drug content of your blood, if you refuse your license will be suspended one, two or three years depending if there are priors, the refusal can be used against you in Court and result in additional custody and fines, you do not have a right to an attorney before taking the test, and if you cannot complete the test you choose then you must submit to the other.
The officer after reading the admonition above in detail will then ask you if will take a breath test or blood test. He then records your answer and if you refuse, he then will generally get a telephonic warrant to draw your blood and issue you a refusal DMV Suspesnsion Notice and Temporary License. You then will have 10 days to set a hearing to challenge the refusal suspension, failure to call DMV Licensing within 10 days waives any challenge to the suspesnsion. Individuals with priors on probation or under 21 years of age are also required to take the field breath test (also known as a PAS) or suffer a refusal suspension and probation violation.
Contact Christoph Law Offices for a free consultation at 760-941-5720. Located across from Vista Courts for over 30 years and handling exclusively DUI and Criminal Defense, we provide the highest level of personal and professional representation.