While you don’t have to take field tests, in many cases, before your arrest for a DUI, there are serious consequences for refusing to take chemical tests after your arrest. If you are on probation for a DUI or under 21, even refusing the preliminary alcohol screening (PAS) field test could impact your refusal hearing results. Understand what can happen during a DUI refusal hearing and how a lawyer can help you.
DUI Hearings In California
There are two different types of hearings that you may undergo after a DUI. The California DMV will hold a DUI refusal hearing to determine whether to hold your license and for how long. This hearing differs from the criminal case against you.
During the DMV hearing, you will have issues discussed based on whether you refused to take a chemical test after your arrest and the results of the test if you took one. The following points are discussed during your DUI refusal hearing:
- Whether the officer had reason to suspect that you were driving under the influence
- If you were placed under arrest lawfully
- Whether an officer informed you of the consequences of failing to take a chemical test after your arrest, including a revoking of your driver’s license for up to three years with a prior conviction or suspension for one year
- If you indeed refused to take a chemical test after an officer asked you to take one following your arrest
Consequences of DUI Refusal Hearings
DUI refusal hearings could result in a one-year suspension of your driver’s license if this is your first DUI conviction. However, if you have had a DUI conviction within the last 10 years, refusing the chemical test after an arrest could result in the DMV revoking your license for two to three years.
Issues of DUI Refusal Hearings
At issue during a DUI refusal hearing is your ability to refuse the chemical test. In some cases, the officer may record a refusal that does not involve the individual telling them that they will not take the test. This type of refusal is an implied one. Implied refusals can include situations in which you cannot produce enough air for a breath test or if the equipment does not operate correctly.
Additionally, the officer must let the individual know about the consequences of refusal. If they don’t, the refusal may not stand up in a DUI refusal hearing.
The best way to ensure that you have good legal advice for a DUI refusal hearing is to hire a California DUI lawyer, Steven K. Bloom.
Get a California DUI Lawyer to Represent You by Contacting Steven K. Bloom
If you are facing a DUI refusal hearing, contact the Law Office of Steven K. Bloom. He is an experienced DUI attorney serving those in Orange County. With his knowledge of California law, he can advise you on the process of the hearing and give you the legal counsel that you need during this difficult time.
Sources
https://www.shouselaw.com/ca/dui/laws/court-process/
https://www.bayareaduidefense.com/dmv_hearing/license_suspension/refusal.html
https://skbesq.com/dui-vehicle-violation/
