What are the laws in CA when a driver is arrested and charged with a DUI and yet, the driver refused a breathalyzer test?

Asked almost 2 years ago - Colorado Springs, CO

The driver is driving with an out of state license (has been residing in CA for over a year) and his car and plates are registered in CA. Would his out of state license be suspended and he have to renew it or does he merely go out and get an in state license? Besides being held overnight and then released with a bond what happens next?

Attorney answers (2)

  1. Rosalia Ann Fazzone

    Contributor Level 8

    5

    Lawyers agree

    Answered . It appears from your question that you are charged with DUI in Colorado and reside in California. You have two issues here-a driver’s license issue and a DUI criminal case. You are on bond, and have a court date in Colorado. Should you fail to appear, a warrant will issue for your arrest. If possible, you should obtain a CO lawyer to help you with your case. As to your license, unless you win your CO DMV hearing, your Colorado license will be suspended for one year due to the fact that you refused the breathalyzer. CA and CO are both part of the interstate compact system, so it is likely that if you attempt to obtain a CA license, you will be denied from doing so. Best of luck to you. If you have further questions, please call me at 303-780-7333

  2. James C Forslund

    Contributor Level 19

    2

    Lawyers agree

    Answered . It is unclear where you were arrested. The laws are different in every state.

Related Topics

DUI

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

Refusing a DUI test

You are within your rights to refuse to take a sobriety test, but be aware that you may face severe consequences for doing so.

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