QUESTION

What happens if I refused to take a breath test?

Asked on Jul 21st, 2011 on Criminal Law - California
More details to this question:
Pulled over for speeding 5 miles over and refused the breathalyzer. Was arrested and taken to jail. No blood tests were done either. Had a couple of beers 6 hours before being pulled over. Just wondering what I can do?
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10 ANSWERS

Criminal Defense Attorney serving Tustin, CA
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If you refused the breathe test at the scene you are fine. However, if you refused to submit to a breathe or blood test when asked to do so by the police at the station you are facing a one year suspension of your driving privilege and jail time if you are found guilty of the DUI. You only have ten days to retain a lawyer to contact the DMV to demand a DMV hearing to try to save your license. Refusal cases are serious but because of the fact they have no blood alcohol result often they can end up in a positive result for our clients.
Answered on Jul 04th, 2013 at 12:21 AM

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Anthony Lowenstein
It depends on several factors.
Answered on Aug 04th, 2011 at 9:56 AM

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It depends on the procedure used by the arresting officer. If he properly advised you re the consequences of refusing to take one of the tests to determine your blood alcohol level, then you could face additional penalties including fines and/or jail, and license suspension. However, if he did not properly advise you of such consequences then you may not be guilty of refusing the test. You should get an experienced criminal defense Attorney to analyze this problem and to advise you of your rights to test this issue in Court.
Answered on Jul 23rd, 2011 at 8:19 AM

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Hire an attorney. Not taking the breath or blood test is like admitting you were drinking. You need an attorney to help you out of this.
Answered on Jul 22nd, 2011 at 2:36 PM

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Criminal Trial Attorney serving San Jose, CA at Law Office of Thomas F. Mueller
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If you were lawfully arrested and refused to take a test you can be charged with DUI and lose your license for a year. If all you had was 2 beers it is regrettable that you didnt test.
Answered on Jul 22nd, 2011 at 2:07 PM

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Refusal cases are very defensible in court provided you have a good lawyer. The consequences at the DMV are more severe and requires timely action.
Answered on Jul 22nd, 2011 at 12:36 PM

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Criminal Defense Attorney serving Roseville, CA at Chastaine | Jones
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Had to say without seeing the police report. You should get an attorney to look at this case.
Answered on Jul 22nd, 2011 at 11:29 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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You automatically lose your license for a year for refusal. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. Keep in mind 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 one-year 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, then hire an attorney that does.
Answered on Jul 22nd, 2011 at 11:15 AM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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It depends. There are two breath tests. The first one, administered at the scene, you are free to refuse. The second one, offered in the alternative with a blood test and taken at the station or a blood test at a hospital, you can not refuse without penalty. The penalty, if convicted, is jail or community service and a 1 year hard suspension. It's unclear whether you refused once or twice. If you refused the second one, you can fight the refusal as not made knowingly and intelligently.
Answered on Jul 22nd, 2011 at 11:13 AM

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Criminal Defense Attorney serving Westlake Village, CA
Partner at Roberts Law Group
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You need a attorney ASAP! A refusal can lead to an automatic suspension of your license to drive for one year. You still can be charged with a DUI.
Answered on Jul 22nd, 2011 at 11:12 AM

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