San Diego DUI Attorney

Refusal of Chemical Tests

In California, a driver must submit to a chemical test to determine his or her blood alcohol level, after a lawful arrest for driving under the influence. Most often the driver will be able to choose between a breath test and a blood test, and the breath test is most commonly used. A urine test may also be used in cases involving drugs, but a blood test is more common in these situations. When a driver signs to receive his or her driver's license, there is a clause regarding chemical testing, and it basically states that by getting a license the driver agrees to submit to chemical testing if lawfully arrested for DUI.

After a driver is arrested for drunk driving, law enforcement will request that he or she submit to a breath or blood test. Should a driver refuse, he or she will face driver's license suspension by the California DMV.  Although you may have refused a chemical test after your DUI arrest, there are still ways that an attorney can protect you against driver's license suspension. You have the right to request a DMV hearing regarding your refusal, but this must be done within 10 days of the date you received a notice of suspension (usually the same date as your DUI arrest.) Your attorney may be able to represent you at your DMV hearing while simultaneously building your criminal case.

San Diego Chemical Test Refusal Lawyer

Superior Law Center takes on DUI cases throughout San Diego County, and we are highly experienced in dealing with matters involving breathalyzer test refusals as well as all other types of chemical test refusals. A lawyer at our firm may be able to help you keep your license, such as on the grounds that you were not lawfully arrested, did not actually refuse the test, or were not informed of the consequences of a refusal.

Contact a San Diego DUI lawyer today regarding your chemical test refusal allegations.