More details to this question:
I got pulled over for running a red light. The officer then believed I had been drinking. He asked me to step out of my vehicle and to do as he asked. I cooperated with everything he asked. I did all his test and I passed. But he wanted me to blow on the machine. By that time I was so upset that I refused and he took me to jail. For some reason, he kept saying he had reason to believe I was drunk. So I was taken to jail and released after 13 hours. I don't want to get a DUI. Will I be fine?
4 ANSWERS
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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It sounds like you have a defendable case. You need an attorney. Make sure you contact the DMV Driver's Safety Office and ask for an APS hearing within 10 days of the arrest. The request for an APS hearing will postpone your license suspension until the APS hearing is completed. If you win the APS hearing a DMV license suspension will be set aside. 1st time DUI has fines from 350.00 to 1,000.00. You can be put in jail for up to 6 months. Since your case appears to be defendable, retain an attorney.
Answered on Aug 19th, 2014 at 6:04 PM
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. While a refusal is usually more defensible, the consequences for conviction are also more severe.
Answered on Aug 19th, 2014 at 11:15 AM
Criminal Law Attorney serving Van Nuys, CA
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Law Offices of Naser J. Khoury
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You will be getting a DUI as well as a one year driver license suspension for refusal of a chemical test which the officer should have advised you of. Under California law you have a choice between a breath or blood test, and if you refuse either one after being advised by the officer, there is a presumption that you are in fact under the influence of an alcoholic beverage while operating your vehicle.
Answered on Aug 19th, 2014 at 10:29 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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You have been charged with DUI and refusing to take the test. The dmv will suspend your license for 1 year if you don't fight it. The prosecutor will increase the DUI penalties for refusing to take the test. With the right help you can fight and avoid these horrible consequences.
Answered on Aug 19th, 2014 at 9:29 AM