Most people know that California is a “no refusal” state for DUI alcohol tests. Refusing an alcohol or drug screening in a DUI case will result in more serious penalties if you are convicted of a DUI, depending on any priors. A driver refusing a test in his or her first DUI faces 48 hours of jail. One prior will lead to 96 hours of jail. A third DUI with a refusal carries a minimum of 10 days in jail. The DMV will also suspend a driver’s license for one year with no possibility of a restricted license.
However, there are defenses to a refusal charge. You may have been able to refuse a test. There are two specific circumstances where you may not refuse.
1. Preliminary Alcohol Screening device test: If you are on probation with search and seizure conditions or under 21 years old, you may not refuse to blow into a preliminary alcohol screening device. These devices are unreliable, and most officers won’t tell you these conditions. However, if you are not on probation and over 21 years old, you may refuse.
2.After arrest: If you’ve been arrested fir a DUI, you must submit to a breath or blood test. You may also have to take a urine test if the officer suspects that you’ve been using drugs.
Also, the police must advise a driver of the consequences of a refusal in order. If the police fail to do so, the court may not penalize the refusal.
If you’ve been charged with a DUI and a refusal to submit to an alcohol screening, contact us today. We’re ready to help.