Can I refuse a chemical DUI test? 5 Answers as of April 20, 2015

I was charged with my first DUI in Riverside County. I refused to take the field breathalyzer test because I read before that I had the right to do so. They took me back to the station and I refused to give a chemical test. Now they are saying that I am automatically going to lose my license for a year because I refused. Wasn’t it my right to refuse? What are my options?

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Universal Law Group, Inc. | Francis John Cowhig
Hire an attorney. You have a right to refuse to perform the field sobriety tests and Preliminary Alcohol Screening (PAS) device which most police officers carry in their cars, but you must either take a breathalyzer test at the police station or a blood test.
Answer Applies to: California
Replied: 4/20/2015
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If you drive a motor vehicle in California the implied consent law says you are deemed to have consented to take an alcohol test if the police have lawfully arrested you on probable cause and believe that you are under the influence or your level is .08 or above. This does not apply to the PAS (preliminary alcohol screening test) given by officer in the field only to the test at the jail or other facility to which you are taken after being arrested. If you do not take the test after being properly advise, your license is suspended for a first time refusal for one year. Your option is to request a DMV hearing but you would need the assistance of any attorney to have any hope of prevailing.
Answer Applies to: California
Replied: 4/20/2015
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Refusal means you have a better case in court, but it also means that the consequences are more serious. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answer Applies to: California
Replied: 4/17/2015
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
You can refuse a PAS but you cannot refuse a chemical year.
Answer Applies to: California
Replied: 4/17/2015
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
You have a right to refuse the field test, but not the post arrest test. It is not automatic, but it is highly likely if you don't hire a dui lawyer.
Answer Applies to: California
Replied: 4/17/2015
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