| DMV Consequences for Refusals
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| | say a refusal occurred but the person did
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| Under California's implied consent law,
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| | not expressly refuse. A experienced
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| drivers arrested on suspicion of DUI /
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| | California DUI / DWI lawyer can evaluate
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| DWI or driving under the influence of
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| | each case to determine whether an implied
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| drugs (DUID) are required to submit to a
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| | refusal might be excused.
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| chemical test to determine blood alcohol
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| | In some cases, an implied refusal might
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| content (BAC) or signs of drug use. A
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| | be excused. For example, if a person
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| driver who refuses a chemical test after
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| | arrested for DUI / DWI chooses to take a
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| a drunk driving arrest faces serious
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| | breath test, but then is unable to
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| repercussions at the DMV. An experienced
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| | provide a sufficient sample of breath to
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| California DUI / DWI attorney can advise
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| | allow for a reading, police officers
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| of the consequences of a chemical test
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| | often record this as a refusal, assuming
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| refusal and develop a strategy to fight
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| | the person is purposefully blocking the
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| the charges.
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| | mouthpiece or not blowing hard enough.
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| Drunk driving arrests trigger two
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| | Often, the person may be ill or injured
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| different cases - in court and at the
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| | and unable to provide a sufficient
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| DMV. Refusals carry serious sanctions in
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| | sample, or the breath machine may have
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| both cases. The most pressing issue for
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| | malfunctioned. In this situation, if a
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| any accused driver is the DMV case -
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| | police officer does not allow a person
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| drivers have only 10 calendar days to
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| | who chose a breath test to take a blood
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| request a DMV administrative per se (APS)
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| | test instead, and records it as a
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| hearing. If no hearing is requested, the
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| | refusal, this refusal may be excused.
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| DMV will begin the process of
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| | Sometimes a driver refuses to take a
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| automatically suspending a driver's
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| | breath test, only to have police draw the
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| license.
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| | person's blood. If the person does not
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| To prevail at an APS hearing, the DMV
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| | object to the draw - even though
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| officer must prove three facts - that
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| | technically there is no permission either
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| police had a reasonable belief that a
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| | - there was no refusal. If the police
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| crime was committed, that the arrest was
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| | officer had honored the initial refusal
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| lawful, and that the driver had a BAC of
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| | and not done the forced blood draw, a
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| .08 percent or greater while behind the
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| | refusal would have existed. However, when
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| wheel. While refusing a chemical test may
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| | the officer chose not to honor the
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| seem beneficial because there is no
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| | refusal and took blood anyhow, the
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| evidence of BAC at the DMV hearing or at
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| | refusal is lost.
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| trial, the punishment is severe. Because
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| | Some drivers are physically unable to
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| of the consequences, most DUI / DWI
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| | either refuse or consent because of
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| attorneys would advise drivers to submit
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| | medical problems that cause a loss of
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| to chemical tests after arrest.
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| | consciousness. California courts have
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| If a DMV hearing officer finds that a
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| | ruled that a driver who is semiconscious
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| driver refused a chemical test, he or she
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| | should not be deemed to have refused due
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| will impose a lengthy license suspension
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| | to a medical condition that is not
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| - one year for a first refusal, two years
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| | related to alcohol use.
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| for a second refusal, three years for a
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| | Police are required to advise drivers of
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| third refusal, and four years for a
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| | the consequences of refusal, namely that
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| fourth refusal. Unlike drivers who submit
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| | their driver's license will be suspended
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| to chemical tests, motorists who refuse
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| | or revoked. If the officer fails to
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| will not receive a restricted license to
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| | advise the person of the implied consent
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| drive to work.
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| | law, the refusal may not be used against
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| Although most attorneys advise drivers
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| | them.
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| to submit to chemical tests, that's not
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| | Chemical test refusals can carry harsh
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| always the case. However, refusals can be
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| | consequences at the DMV, but refusals can
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| successfully challenged. Sometimes police
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| | be successfully challenged. A skilled
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| indicate that a driver refused a chemical
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| | California DUI / DWI criminal defense
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| test when that's not exactly the case.
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| | attorney can determine whether a
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| There are really two kinds of refusals,
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| | motorist's refusal was merely implied,
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| express refusals - the person saying no -
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| | and craft a strategy to protect a
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| and implied refusals, where the police
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| | driver's privileges at a DMV hearing.
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