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DUI Question- I was sleeping in the passengers seat on the side of the road. Police knocked on window and pulled me out.

San Diego, CA |

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.

I did the hearing within 10 days and DMV sent me letter saying license suspended 2 years. I thought the refusal was 1 year.

Attorney Answers 9


  1. 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.

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply


  2. 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.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.


  3. 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.


  4. You are looking and a possible one year suspension from the DMV for the
    refusal get a good attorney because it still needs to be a lawful arrest


  5. You need an attorney to deal with DMV . You are looking at a 1 year suspension for a refusal . Your facts do suggest that you have a case that is worth fighting . Get an attorney .

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY


  6. 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.


  7. The DMV can suspend your license for up to a year for the refusal, did you request a DMV hearing within 10 days of arrest? An attorney could have gone to that hearing and argued for you that the arrest was not lawful. I would suggest hiring an Attorney


  8. 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.


  9. In the additional information you stated you actually did the hearing and lost. The DMV will put a hard suspension on your license for two years when you refuse on a second DUI. Even if you're not convicted of a second DUI in court the DMV can still find you guilty.

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