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DUI Refusals Archives

DUI Refusals to take Field Breath in Vista may be an Issue

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.  

DUI Chemical Test Refusals may result in license suspension

     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. 

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