Skip to main content

In southern California is a police officer required to advise me of the refusal consequences and then note down my response?

Whittier, CA |

I agreed to a breath test and came back insufficient twice and officer never advise that i didn't successfully complete the breath test and assuming i completed the breath test i decline the blood test when the officer asked me. I'm being charged for refusal now. He claims he read the implied consent law but he never did otherwise i would have requested to retest.

Attorney Answers 6

Posted

Yes, there is a specific form they have to fill out and send to DMV. Request a hearing with the DMV within 10 days from the arrest, otherwise you are risking losing your license for a year (if a first).

Contact some attorneys and start finding a way to hire one. This is definitely not something you want to take on by yourself.

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.

Mark as helpful

6 lawyers agree

Posted

Do yourself a favor and hire an attorney. There is lots of legal activity surrounding blood draws, refusals and the 4th amendment. An attorney can best position your case for victory. Doing this on your own is certain failure.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

Mark as helpful

8 lawyers agree

Posted

The Officer is supposed to read the implied consent law. If the machine was broken, it is a legal defense to a refusal. You need to consult with an attorney so the attorney can prepare the legal arguments to show that the machine was not operating to standards.

Seth Weinstein, Esq.
Los Angeles Criminal Defense Attorney
(310) 707-7131
www.sethweinsteinlaw.com

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.

Mark as helpful

6 lawyers agree

Posted

Any peace officer who is attempting to obtain a sample under the implied consent law must advise you of the consequences of refusing.

Mark as helpful

3 lawyers agree

Posted

Yes and no. Officers are required to fill out a form called a DS-367 which they must sign and submit to the DMV. On the back of the DS-367 there is space for them to notate your response/refusal, however they often do not fill this portion out and simply say that they read you the admonishment and that you refused. Amusing there is no other evidence like a video of the refusal, this is now your word vs. the officer's word which you will need to fight in your DMV and court hearings.

This answer is intended for general information, not legal advice. Nothing in this answer shall be construed as creating an attorney-client relationship.

Mark as helpful

2 lawyers agree

Posted

You need to hire a DUI defense attorney NOW. A refusal, if legitimate, will cause automatic 1 year suspension. If you in fact provided two breath samples, you may have a very defense to the refusal claim. Bottom line is yes, they must advise you that a refusal violates implied consent and will trigger the 1 year suspension. You should speak with an experienced DUI attorney asap. My office defends DUI cases and we can provide you with a free evaluation of your case. 888-447-8282

The responses provided at this site are not and are not intended to be, legal advice or a guarantee of the outcome of your matter. Likewise, it is not intended to create an attorney-client relationship. An attorney-client relationship will only be created after a case has been evaluated, we have cleared a conflict check and a written retainer is signed.

Mark as helpful

1 found this helpful

2 lawyers agree

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics