Refusal of Breathalyzer

San Diego DUI Attorney

Did you refuse to take a breathalyzer test when you were arrested for DUI? If so, you may find that you are now facing driver's license suspension or other penalties for your refusal. However, you have the right to a DMV hearing to challenge your license suspension and the allegations that you refused the test. You will have only 10 calendar days from the date of the notice of suspension you received to contact the Department of Motor Vehicles and request a hearing. In doing so, the DMV will most often extend the term of your temporary license (received when you were given your notice of suspension) and then schedule a hearing at a later date.

A lawyer can contact the DMV for you and schedule your hearing, in addition to representing you at the hearing. The benefit of professional legal counsel at your DMV hearing is that you can be sure that your interests will be well-represented and that the process will be handled properly. This will give you the greatest opportunity of having your driving privileges reinstated.

When You Can Refuse a Breath Test

It is important to distinguish from a PAS (preliminary alcohol screening) device and a standard breathalyzer test. The PAS test can be conducted on the road and is a portable device. The breathalyzer test conducted in the police station after your arrest is the test that you may face penalties for refusing. PAS tests do not apply and you should not face automatic license suspension for refusing this test if you have not been arrested.

Consult a San Diego DUI Defense Lawyer

You do not have to face the repercussions of breath test refusal allegations alone. You have the right to legal counsel, and this can make dealing with this difficult matter much easier. Contacting a San Diego DUI lawyer as soon as possible is important, particularly because you only have 10 days to contact the DMV.

Accused of a breathalyzer refusal? Contact a San Diego DUI lawyer today.