Legal Question in DUI Law in California

DUI: Chemical Test Refusal, but I didn't refuse to pee.

I was pulled over in Carlsbad Ca, San Diego. The officers pulled

me over for peeling out of a parking lot. Somebody was running

up to the car from my blind side. I don't know if they were hostile,

but they were coming fast.

When I began to explain to the police they seemed to be twisting

every word I said. I've had some bad run-ins with police so I just

shut up. They put me on the curb and told my friend to leave.

Then they put me in the car. I chose to exercise my right to remain

silent. I refused a Blood Test because I have shallow veins and I

refused a breathalizer because I don't trust their results. I never

refused a pee test though. Then after they processed me they just

put me streight into holding. I was under the impression that I was

going to get a pee test.

I don't see how they can make a DUI charge stick without any

evidence, what are the laws surrounding Chemical Test Refusal.


Asked on 9/22/04, 11:06 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: DUI: Chemical Test Refusal, but I didn't refuse to pee.

Whether you understand or like it, the charges can be brought, and you could end up in jail if you lose. You need to defend against them, so contact me if interested in doing so.

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Answered on 9/22/04, 2:35 pm
Terry A. Nelson Nelson & Lawless

Re: DUI: Chemical Test Refusal, but I didn't refuse to pee.

Additionally:

the only chance you have of avoiding license suspension is to appeal to the DMV immediately, per the instructions you got at the time of arrest.

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Answered on 9/22/04, 2:37 pm


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