I was sleeping at least 5 hours. I refuses all test, all chemical tests. Even at the station no tests were taken from me. This was about 3 months ago and no charges have yet to be filed because they dont know my blood alcohol. The DMV however is going to suspend my license. What type of suspension am i looking at? I know i will hire a experience attorney just want some info on what DMV will do.
A DUI refusal comes with a one year suspension.As a former District Attorney and former City Attorney
Sounds like a case you want to speak to an attorney about. Find one that gives free case evaluations because a few more details are needed. If you are comfortable with the attorney and the price is right I recommend.
Exactly why you should have retained quality counsel immediately after your arrest! The attorney could have represented you at the DMV hearing challenging the refusal allegation.
Your suspension because of the refusal should only be 1 year, assuming this is your first DUI within the past 10 years.
There is no info on what dmv will do without looking at the evidence. It's all based on that. If you win the hearing, they won't do anything.
If it's been three months, and you haven't hired anyone, my only concern is whether or not you requested the dmv hearing within 10 days from arrest. If so, you are safe and they should have provided a report and BAC level by this time. If you did not request it, then you are out of luck now.
Did you request an administrative hearing with the DMV? If you did, you should consider having an attorney represent you at the hearing. Most DUI attorneys will handle both the DMV hearing and the court case. Based upon the facts you have provided, you may have some ways to prevent a license suspension. If the DMV ends up suspending your license, and assuming you have no prior DUI convictions, you are looking at a four month suspension with the ability to get a restricted license that will allow you to drive to/from work and to/from the drunk driver program.
You should hire an attorney. The DMV will suspend your license for 1 year on a DUI 1st refusal. HOWEVER, if you have a 2nd DUI refusal within 10 years, it can suspended for 2 years. http://www.dmv.ca.gov/pubs/vctop/d06/vc13353.htm. Look to 13353 of the Vehicle Code Refusal of chemical tests.
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