I am frequently asked by clients and people I meet if it is advisable to refuse to take a chemical test either breath or blood is stopped on suspicion of driving under the influence of alcohol or drugs (DUI).sIn my practice as a DUIsspecialist for over 30 years,sI am frequently told that people think that it is better to refuse to submit to a chemical test after drinking to keep the police from having any physical evidence of those suspected of having a .08 %sor over (the legal limit in California).
While that would seem true to many people,sthe DUI laws regardingsrefusals have legislated serious consequences for those failing to complete a chemical test to determine the alcohol content in their blood.
California state law requires that those persons stopped on suspicion of driving under the influence are required to submit to a breath or blood test when requested to do so by a police officer after a vehicle stop. Failure to comply with the officer’s request mandates 48 hours in jail and a one-year license suspension. Thesessevere consequence aresfor first offender DUI cases. The penalties for second and third offense cases is substantially greater.
In addition to the use serious penalties,sthe legislature all has also authorized the Department of Motor Vehicles to suspend one’s driver’s license for a minimum of one year if it is been determined that asDUI refusal has occurred. All of alleged DUI drivers shouldsretain the services of a skilled and aggressive attorney to challenge these refusal allegations by requesting a timely hearing within 10 days after their client’s arrest. Failure to request such a hearing will waive your right to contest this issue and the DMV will impose this serious sanction
Therefore, with thesvaluable experience of representing thousands of clients faced with this additional aggravating circumstance,sWe pass out this valuable piece of advice.sWe recommend that those clients faced with this choice shouldssubmit to a chemical test regardless of how high or low you perceive your alcohol level to be andsabide by this law to avoid substantially higher potential penalties for refusing to commit to a chemical test.