DUI Chemical Test Refusal

In California, refusing to take a chemical test (breath, blood, or urine) when suspected of driving under the influence (DUI) has serious consequences. Here’s an overview of what you need to know:

Legal Requirements and Implied Consent

Implied Consent Law:  Under California’s implied consent law, by driving a vehicle, you automatically consent to chemical testing if lawfully arrested for DUI. This includes breath, blood, or urine tests to determine your blood alcohol content (BAC) or the presence of drugs.

Consequences of Chemical Test Refusal

  1. Administrative Penalties (DMV)

First Refusal:

  • License Suspension: One-year suspension.
  • No Restricted License: Ineligible for a restricted license during the suspension period.

Second Refusal (within 10 years):

  • License Suspension: Two-year suspension.
  • No Restricted License: Ineligible for a restricted license during the suspension period.

Third or Subsequent Refusal (within 10 years):

  • License Suspension: Three-year suspension.
  • No Restricted License: Ineligible for a restricted license during the suspension period.
  1. Criminal Penalties
  • Enhancement of DUI Penalties: Refusing a chemical test can lead to harsher penalties for the DUI charge itself.
  • Additional Jail Time: Courts often impose additional jail time for refusing a chemical test.

Legal Process

  1. DMV Hearing: After a refusal, you have the right to request a DMV hearing to contest the suspension. This must be done within 10 days of the arrest.
  2. Court Proceedings: Refusal can also be used as evidence against you in

court, potentially leading to more severe consequences in your DUI case.

Defenses Against Chemical Test Refusal

  1. Unlawful Stop or Arrest:  Arguing that the traffic stop or arrest was unlawful.
  2. Improper Refusal Admonishment:   Claiming that the arresting officer did not properly admonish you of the penalties for the chemical test refusal, as required by law.
  3. Medical Conditions or Inability: Showing that a medical condition or inability (e.g., asthma, breathing difficulties) prevented you from taking the test.

Seeking Legal Help

Attorney Consultation/Representation:  It’s crucial to consult with an expert DUI defense attorney to navigate the legal process and explore defense options.   An expert DUI defense attorney can represent you in court and work to minimize penalties.

For more detailed information or specific legal advice, contact DUI Defense Attorney Manuel J. Barba at (951) 680-9125.