at this point you really need to contact an attorney in fact if you refuse to get a valid chemical test either blood or breath you can lose your license for a year in addition the penalties associated with a refusal in court or higher there's a lot of details that need to be reviewed with an attorney take advantage of a free consultation in your situation it is very important
I'm afraid you made a bad decision. The law states you are presumed to be DUI if you refuse to take a chemical test and the police had probable cause to stop you and conduct a DUI investigation.
It gets worse - there is a one year license suspension that accompanies a DUI conviction with a refusal, plus you may then be required to install an ignition device to get your license back. This is in addition to the first-time DUI fine (increased by the refusal to over $2,000.00 with penalty assessments), probation, a DUI class of at least 90 days and any other conditions the court may deem appropriate.
Then the DMV take their own action. If the cops took your license and gave you a pink temporary license, that means you MUST request a DMV hearing within ten days of this stop or your license will be gone for a year without you having a right to contest it. So call the DMV and request a hearing this week WITHOUT FAIL. There are no appeal rights if you blow the 10-day period.
So, as you can see, you've heaped a whole load of trouble upon yourself as a result of your refusal. It's difficult to argue you were not DUI since there are no test results and the refusal presumes you to be DUI. However there still may be defenses available to you and I urge you to call me or any other DUI attorney here on Avvo for a consultation. I offer it free of charge.
Your Tuesday arraignment is off since your were released. The correct date will be the August date for court proceedings. But, remember, the DMV is an entirely separate proceeding and you must set up that hearing asap.
What do you mean your arraignment is on Tuesday but your court hearing isn't until August? An arraignment is a court hearing. If this was a misdemeanor, your arraignment wouldn't be so immediate if you are out of custody.
A refusal of a Chemcial test could result in a license suspension by DMV of a minimum of 1 yr, depending on whether you have any priors. However, you can request a hearing to contest that. If you win, no APS suspension for the refusal alone. You have 10 days from the date of arrest to request the hearing with DMV.
In court, in order to be found guilty of refusing, you first need to be found guilty of a DUI. And that guilt will not be depedndant on your performance on FSTs, although, they will be a factor. If you want to give yourself the best shot at beating the charge, hire a DUI attorney.
You can look here on Avvo or on the CA DUI Lawyers Association website to find a qualified DUI attorney.
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.
The refusal can get you a one year license suspension however we need more
information to give you advice why did the officer stop you also you're not
necessarily screwed there are defense is the DUI's even with the refusal
get a qualified DUI attorney find out
You need to hire counsel. As my colleagues have pointed out, you have a lot of issues to deal with and soon.
Unfortunately it is going to take more facts than given to provide a meaningful answer, so I suggest contacting several attorneys in the morning. Many reputable attorneys offer a free consultation. Find a few and talk to them.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
Refusing to take a test is often worse than taking a test with a high blood alcohol. By refusing you are facing a 1 year suspension of your driver's license (if you have no prior convictions). There is also mandatory jail if you plead guilty and admit you refused to take a chemical test. I suggest that you contact one of the lawyers that has initially answered your question and make an appointment to meet with him/her. You MUST request a DMV hearing within 10 days of your arrest or you will not even be entitled to a hearing regarding your CDL. Meet with someone ASAP.
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Refusal cases have pros and cons. You have to deal with a potential one year driver's license suspension if the DMV APS hearing is lost, and potential jail if the refusual is not stricken in your criminal case and you are convicted. Also, the prosecutor can comment that you "would rather have an automatic 1 year driver's license suspension then submit to a chemical test so that jurors could see your blood alcohol level....that's how intoxicated he was!" This can be fairly damaging in a jury trial unless your attorney can properly diffuse it.
You are not obligated to submit to field sobriety tests in California, and your failure to do them (along with no chemical test reading) gives the prosection less evidence of impairment.
These refusal cases can go either way. Contact a competent attorney and discuss all of your options.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship.
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