Did you Refuse to Take a Chemical Test at your DUI Arrest?


If you refused a chemical test, then the court has the right to punish you for your actions. In fact, you can be prosecuted and sentenced for refusing to take a chemical test even if you are not actually convicted of a DUI at your trial. Many people get confused regarding chemical tests. This is because field sobriety tests, which are a variety of exercises that police ask their suspects to complete to determine whether or not they are intoxicated, are optional. A suspect has every right to refuse to perform these actions if he or she does not want to. On the other hand, refusing a chemical test can come with serious consequences.

As of 1999, a urine test is no longer available as an alternative to a blood or breath test unless you are a hemophiliac or have been taking an anticoagulant medication in conjunction with a heart condition. If you refuse a blood or breath test, you will be given a one year driver’s license suspension for your first offense. Your second offense within 10 years will result in a two-year license revocation, and a third or subsequent offense will come with an additional 3 years without a driver’s license. During license suspension periods, driving a car is illegal. You will need to arrange carpools or rely on public transportation to get where you need to be.

In some cases, the DMV may be generous enough to offer you a provisional license which will allow you to travel to and from work. According to the California DMV, if you are under 21 years of age when you refused to take a blood or breath test, then you will be given a 1-year license suspension just as an adult. The sentences are similar regardless of your age. Contact a DUI attorney today if you have been arrested and charged for refusing to take a blood or breath test. If you were not warned of the consequences beforehand or were confused about the laws regarding chemical tests and field sobriety tests, then talk to a Fremont DUI lawyer at our offices.

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