If do not take the DUI test, will I incriminate myself? 9 Answers as of November 22, 2010

If you refuse to take a DUI breathalyzer test are you incriminating yourself?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
No, you are required by the DMV to take the test and if you do not that is a crime and the result is the same.
Answer Applies to: California
Replied: 11/22/2010
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
You do not have to take the breathalyzer test in the field, do field sobriety tests, or make any statements or admissions. You may need to resign yourself to being arrested if you don't, but you also may improve your chances of not being arrested or not having the case charged in the long run.

If you are arrested, you do have to give a sample of some sort at the station (breath or blood.)
Answer Applies to: California
Replied: 11/19/2010
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
The law does allow the prosecution to suggest that a reason for a refusal is guilt. For more info or to retain our services call.
Answer Applies to: California
Replied: 11/18/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
No, but DMV will automatically suspend your license for a year upon your refusal to take one of the tests.

Keep in mind: When you are arrested for DUI, upon release from jail or booking, you were given documents that included a notice from DMV that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license. This suspension is in addition to the one year you already got for refusal of test. Contact DMV and do so, timely, then appear at your scheduled hearing and present your evidence and testimony. If you do not know how to do these things, then hire an attorney that does.

The general rule is: If you are arrested and charged with a crime, what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it cannot be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a decent outcome or plea bargain for you. If serious about doing so, feel free to contact me. I will be happy to help you use whatever defenses you may have. If you can't afford private counsel, apply for the Public Defender.
Answer Applies to: California
Replied: 11/18/2010
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
You are not incriminating yourself but you will lose your license for a year and the penalties will be stiffer. Even if you know you are drunk you are better off taking the test. The blood test is worst because the results are pretty accurate. Best bet is the breath test as those results are often easy to challenge.
Answer Applies to: California
Replied: 11/17/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Not directly. The prosecutor can argue that refusal is a consciousness of guilt, but a good DUI defense lawyer can easily counter that argument. Refusal cases are usually more serious, but they are good cases to take to trial. Consider hiring a DUI specialist who will personally represent you from start to finish.
    Answer Applies to: California
    Replied: 11/17/2010
    The English Law Firm
    The English Law Firm | Robert English
    No, but failure to take it can cause a license suspension and demonstrate a consciousness of guilt.
    Answer Applies to: California
    Replied: 11/17/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Yes, it is considered conciseness of guilt.
    Answer Applies to: California
    Replied: 11/17/2010
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