The officer stated I refused to take a chemical test. What does this mean? I said no to both the breath test and the blood test. But I didn't fight or resist when they drew blood. Is this a refusal?
You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless:
The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or
Both the blood or breath tests are not available, or
You are a hemophiliac, or
You are taking anticoagulant medication in conjunction with a heart condition.
You need to hire an attorney to assist in your DUI. Refusal DUI’s carry increased punishment from the courts as well as the DMV. Your attorney will have to review the police report as well as any recording to determine if this was a true refusal or not. Feel free to call my office for a free consultation at 949-234-7271.
Saying no, even respectfully, can be deemed a refusal. As the others have stated, it results in a one year suspension of your license and some additional penalties in criminal court.
Don't lose all hope yet though, because the refusal can be opposed through and APS hearing with the DMV. The request needs to be filed within 10 days of arrest. Make sure you hire an attorney who has a team of people who are extremely familiar with the DMV, as well as fighting refusal cases.
There is an "implied consent" law in California and you're required to submit to a blo or breath test upon arrest. Yes, you can refuse and not give consent, but it can lead to in erased punishment and suspension of your drivers license for failing to submit. There are technical requirements the police must follow for it to be a true refusal they can hold against you.
First of all, while I agree with the answers above, you should also know that you have only ten days from the date of your arrest to request a hearing with the DMV to contest the one year driver license suspension that is pending for the alleged “Refusal.” Also, that hearing gives your attorney the opportunity to subpoena and cross examine the arresting officer to see what mistakes have been made in handling your case. And you can continue to drive pending the outcome of that hearing. If favorable evidence comes out of the hearing, your DUI lawyer can present that to the prosecutor and potentially obtain a dismissal or reduction in the charges. You are potentially looking at mandatory jail time and a one year license suspension, do not simply plead guilty without seeing what an experienced DUI attorney can do. We are available to meet with you for a free consultation. Good luck.
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