DUI Refusal

In California, Refusal to take a breath or blood test after a DUI arrest can result in serious consequences to your drivers license at the DMV and increased penalties if convicted of a DUI in Court. However, an allegation of a "Refusal" by the arresting officer does not always mean that the person was a "Legal Refusal" in accordance with the law. In order to be deemed a legal refusal, the accused must have (1) been lawfully arrested (2) there must have been a reasonable belief that the person was driving while under the influence and (3) the person must have been properly admonished of their obligations to take a test and the consequences of a failure to do so.

There is a litany of reasons why a person arrested for DUI fails to complete a breath or blood test. In almost every case there is a police officer that either mistreats the person or fails to properly advise the person of his or her legal requirements and sometimes confuses them with conflicting advisals. Nowadays, it is commonplace for the police officer to ask the arrestee to submit to a preliminary alcohol screening test or portable test (PAS) in the field, this test is optional and it must be explained to the person taking the test, it usually is not and the failure of the policeman to do so can cause confusion when the person is asked again to take a second breath or blood test.

Another recurring problem regarding DUI refusals is when the person agrees to a breath test, attempts to complete the test but is unable to do so. Very often, the arresting officer will mark the person down as a refusal when in fact they did not refuse anything. An experienced DUI Lawyer who has fought and won refusal hearings is necessary if your drivers license is important to you. If you are found to be a refusal at the DMV, they will suspend your license for one to three years with no ability to get a restricted license for work.

Examples of successful defenses to refusal cases include: illegal arrest, insufficient advisal by the cop, medical issues particularly after car accidents, police misconduct, just to name a few.

DUI Attorney Matthew Ruff has a stellar track record in obtaining set asides for refusal allegations at the DMV. A number of legal defenses exist to fight refusal accusations and Matthew knows them all and has used them successfully at the DMV and in Court. The consequences of losing your DMV hearing are severe, choose the lawyer that has 15 years experience saving drivers licenses for good hard working people who deserve a second chance. Call Matthew Ruff today for a free consultation at 1-877-213-4453.