What Happens If I Refuse a Breath or Blood Test?

Did you know that that there's a California law that says you have already given permission to have your breath or blood tested after a lawful DUI arrest? Under the state's "implied consent" law (California Vehicle Code §23612), every person who chooses to drive in California is presumed to have given such consent. Because of this law, if you are arrested on suspicion of driving under the influence or alcohol or drugs and you subsequently refuse to take a chemical test (a breath test, blood test or urine test); you could end up being penalized.

Driver's license suspensions and revocations are typically more severe than those that are given when a person takes and fails a DUI test. For this reason, drivers should keep the implied consent law in mind when they are arrested for alleged DUI offenses.

According to the California Department of Motor Vehicles, or the DMV, a driver who refuses to take a chemical test after a DUI arrest is subject to a one-year suspension of his or her driver's license, for a first-time refusal. A second refusal within 10 years can result in a two-year driver's license revocation, and a third or subsequent refusal within 10 years can lead to a three-year revocation. Furthermore, the implied consent law also lists other possible consequences—a fine and required imprisonment if the DUI case results in a conviction.

Were your driving privileges taken away from you for a breath, blood or urine test refusal? If so, there might still be chance to get your license suspension or revocation removed. At Law Offices of Grech & Packer, we have Riverside criminal defense lawyers who are highly skilled in the area of DUI defense. Our attorneys represent drivers in their DMV hearings, where they can fight to protect their driving privileges. License suspensions and revocations are sometimes overturned by the DMV, such as when it is shown that: 1) the arresting officer did not have probable cause for stopping the driver, 2) the DUI arrest was not carried out lawfully, 3) the officer did not properly inform the driver of the penalties for a chemical test refusal, or 4) the driver did not actually refuse to take the test.

At the Law Offices of Grech & Packer, we handle many different types of DUI cases, whether they involve first-time DUI or repeat DUI allegations. In addition to assisting with DMV administrative hearings, we also help individuals challenging their actual DUI charges in court. After you bring us your case, we can thoroughly analyze the facts related to your arrest and help you determine you best defense options. Contact us so we can help you protect your rights after your DUI arrest!

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