DUI REFUSAL-Modesto, California

In California, Vehicle Code § 23612 requires drivers of motor vehicle to consent to either a blood or breath test. That means that if you get pulled over for drunk driving, you must submit to either a blood or breath test, but not both.

Refusal-Drunk Driving Lawyers Modesto, CA

If you refuse to take a blood or breath test, then the police officer may arrest you for a DUI and charge you with a refusal. A refusal charge comes with a one year suspension instead of the standard 4 months that first offenses usually get. The worst part is that the police officer may force a blood draw on you anyway.

What constitutes a refusal?-Modesto drunk driving lawyers

The police officer is required to read you the implied consent admonition which states that you must take either a blood or breath test. However, it is not necessary that he ask you more than once. If a driver refuses the test verbally, then he can be charged with a DUI refusal. Furthermore, if you request a breath test and it malfunctions, then you must submit to a blood test.

Miranda Rights-Modesto drunk driving lawyers California

One common situation is where a police officer tells the driver that he has the right to remain silent, the right to an attorney and the right not to incriminate himself. The Miranda admonition sometimes causes drivers to believe that they don’t have to take any DUI blood or breath tests because it might incriminate them. In this situation it is required that the police officer make it clear that you do not have the right to refuse the blood/breath test or have an attorney present when it is taken out. If the officer fails to clear up the confusion, then this can be used as a defense to the refusal charge.