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I was charged with my first DUI in Riverside County. I refused to take the field breathalyzer test because I read before that I had the right to do so. They took me back to the station and I refused to give a chemical test. Now they are saying that I am automatically going to lose my license for a year because I refused. Wasn’t it my right to refuse? What are my options?
3 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Hire an attorney. You have a right to refuse to perform the field sobriety tests and Preliminary Alcohol Screening (PAS) device which most police officers carry in their cars, but you must either take a breathalyzer test at the police station or a blood test.
Answered on Apr 20th, 2015 at 2:21 PM
Refusal means you have a better case in court, but it also means that the consequences are more serious. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Apr 17th, 2015 at 12:55 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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You have a right to refuse the field test, but not the post arrest test. It is not automatic, but it is highly likely if you don't hire a dui lawyer.
Answered on Apr 17th, 2015 at 12:33 PM