Legal Question in DUI Law in California
Hi,
Can a driver legally refuse to submit to field chemical test (breathalyzer) and agree to blood test at the station? (in California)
Also, what happens if a driver refuses to chemical tests all together?
Thank you so much for your response.
3 Answers from Attorneys
Refusing a test is a separate offense and a separate reason for suspending your license. If you were charged with a DUI, call me at once. Among other things, you only have 10 days to request a DMV hearing.
There are some old cases which state that refusing to perform the physical field tests can be used against you, but refusing the field breath test can not. If you refuse the implied consent breath r blood test, that can be used against you and can be used to suspend your license by the DMV seperately from the court.
Refusal of test results in a year suspension of license by DMV, unrelated to whatever the court also does. If you are serious about getting counsel to defend you, feel free to contact me.
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