Legal Question in DUI Law in California

I physically resisted a blood test during a dui and they had to restrain me to get the blood. Will I be charged with this.


Asked on 3/31/12, 3:22 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Probably, but even if you aren't, the DUI complaint is going to discuss it, making the DA and judge less than happy with you. Hire an attorney now. If serious about doing so, feel free to contact me.

A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 3/31/12, 4:19 pm
Joe Dane Law Office of Joe Dane

You have two issues - first, the DMV is going to try and suspend your license for a year for refusing if they can prove it. Next, your criminal charge can be increased if they can prove a refusal.

You must (or your attorney must) contact the DMV within 10 days of your arrest or you'll lose your license.

Sit down face to face with a local criminal defense attorney to discuss this further, but don't miss that 10 day window.

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Answered on 3/31/12, 6:11 pm


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