DUI Refusal

What is a DUI Refusal?

In California, a DUI refusal can be more serious that a typical DUI charge. If you have been charged with a DUI refusal you need the assistance of a local DUI attorney in your area.  Did you know you can still be charged with a refusal even if you gave a blood test? DUI refusals are a tricky beast. Technically the law states one request and one refusal equals a refusal. This alone can have the effect of losing your driver’s license for up to 1 year on your first DUI.

One of the pitfalls is what we call implied refusals. This is where you don’t exactly say you won’t give a breath or blood sample but because you can’t blow hard enough into the breath machine and when the cop ask you if you will give blood and you say you don’t like needles, the cop can take this as meaning you refuse.

How do I protect myself?

Get a DUI attorney on your side! Many time the officer will NOT comply with Vehicle Code Section 23612 which requires that he inform you of all the ramifications of a refusal. Many times the officer will fail to give a complete admonishment and this can be crucial in protecting your California drivers license.