QUESTION

Can you give me the best legal advice if I refuse the blow to test my alcohol level?

Asked on Jan 23rd, 2013 on DUI/DWI - California
More details to this question:
I was arrested charged with DUI and driving in the wrong side of the highway. my license was suspended I have a court date on 2/28 but in two weeks I need to go to the DMV to see if I can get a restricted license.
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2 ANSWERS

Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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If you refused to provide a sample of your blood or breath and failed to request an administrative hearing from the DMV within 10 days of your arrest your license is likely to be suspended for a year (or more if this is a multiple offense). If this is a refusal case there is no provision in the vehicle code for a restricted license. Additionally, if you were driving on a restricted license, you are facing additional legal problems. Driving on a suspended license has statutory sentencing requirements based upon why the license was suspended and whether you had notice of the suspension are among factors that the court and the prosecution will consider when evaluating your case. You should contact a lawyer in your area to what, if anything can be done to save your license and help you avoid the enhanced sentencing for refusal cases as set forth in the Vehicle Code. A lawyer who focuses on these types of cases can usually help you understand the driving on a suspended license charges and strategies that may help you avoid some or all of the consequences in court.
Answered on Jan 29th, 2013 at 9:16 PM

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You are all confused. First of all, you need to request a DMV hearing, because you have only 10 days to save your license. If done properly, you license should be extended, and there is no need to request a restricted license, at least not for a few months. Secondly, you need to hire a DUI specialist, because refusal cases are very defensible, provided you have something to represent you who knows what he is doing.
Answered on Jan 29th, 2013 at 6:59 PM

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