Refusing to submit to a chemical test after a DUI arrest is a really bad idea. In prior times, refusing to test could help you escape conviction in the DUI criminal case, however, things have changed. It is now lawful for the arresting officer to obtain a warrant to take your blood. We call this a “forced blood draw.” The blood is still analyzed and your BAC is reported.
However, now the arrestee has some serious problems. The “refusal” is a DUI enhancement that can be used in the court to justify extra punishment like jail time, longer DUI school or more restrictive probation terms. If that weren’t enough, “refusal” cases are the most difficult DMV APS hearing to succeed in avoiding a license suspension. While a standard first offense DUI will often include a license suspension, most people can still apply for a “restricted license” which will at least allow them to drive for work. If the DMV hearing concludes that you did “refuse“ a chemical test, then you’re looking at a minimum one year license suspension with NO RESTRICTED LICENSE.
Moreover, if this is a second DUI arrest and there’s a refusal allegation, the licensee will lose their license for two full years with no restriction.
The bottom line is that you’ve got to do a chemical test. My advise is to pick one, breath or blood, and stick with it. Don’t do both tests as that will severely limit your best DUI defenses. If you did refuse or the officer’s saying that you refused, you really need a good San Francisco DUI Defense lawyer.
Visit www.sanfranciscoduicrimedefense.com for more information
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