What can I do after failure to take breath test after being arrested for DUI? 10 Answers as of February 29, 2012

I was stopped for swerving reaching for cell phone. The officer arrested me for DUI. I did not take a test at the station. What can be done about this?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
It's too late to do anything now. You will be notified that your license will be suspended for refusing to take a legally required blood alcohol test.
Answer Applies to: California
Replied: 4/29/2011
Law Offices of Ryan P. Murphy
Law Offices of Ryan P. Murphy | Ryan P. Murphy
This answer is covering a first offense. If this is a multiple offense, immediately contact my office.

Per your question on "swerving", my office routinely fights these stops if the right facts arise. When we are successful at winning these types of motions, the case is usually dropped.

You will most likely be charged with a "refusal". If you are convicted of a refusal in the court system or the DMV, you will loose your license for a period of 1 year (No Driving). A good DUI attorney will fight the refusal in court and at the In Person DMV Hearing. This will increase your chances of turning a DUI Refusal case into a Standard DUI case.

When this is done, you are eligible for a restricted license to drive:1. To and from work,2. During the course and scope of employment, and3. To and from the First Offender DUI classes.

Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
Answer Applies to: California
Replied: 12/21/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Nothing, if you are asking what can be done about the automatic one year license suspension imposed on you by DMV for your refusal to take a test when requested. That is a done deal with no appeal.
Answer Applies to: California
Replied: 12/21/2010
Law Office of Michael Bialys THE DUI MAN
Law Office of Michael Bialys THE DUI MAN | Michael Bialys
You absolutely need to hire counsel to fight the refusal apect of this. If they cite you withtge refusal your license will be suspended for a year no questions asked and no shot at a retricted license. Remember you must have your DMV hearing booked within 10 days of arrest or you lose the right to fight the DMV on this.
Answer Applies to: California
Replied: 2/29/2012
Law Offices of Philip P. De Luca
Law Offices of Philip P. De Luca | Philip De Luca
Legally, you will be presumed to have been driving under the influence. Submitting to at least one alcohol test is agreed by accepting the privilege to drive in the State of California.
Answer Applies to: California
Replied: 12/20/2010
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    You can certainly fight the DUI. The DMV hearing will be tough. Have a call.
    Answer Applies to: California
    Replied: 12/20/2010
    Steven Mandell
    Steven Mandell | Law Offices of Steven Mandell
    Well, the best thing to do is to find a lawyer to represent you. There are dozens of issues in any DUI, and you have what's called a "refusal" which increases the penalties significantly. If you'd like to talk to me about this matter, please don't hesitate to call for a free consultation. BTW, you only have 10 days from the date of the arrest to take some action at the DMV, or you lose substantial rights. Do not wait, do not waste time. This is urgent. Good luck.
    Answer Applies to: California
    Replied: 12/20/2010
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Well, the trick would be to fight the refusal charge. There are defenses, but to give a better answer, I would need to ask a few more questions about the actions leading up to the arrest. Call me to discuss further (free consult).
    Answer Applies to: California
    Replied: 12/20/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Contact a DUI specialist immediately. A refusal is easier to defend than the typical DUI, but without an attorney, the prosecutor will simply offer you a DUI with maximum conditions (they will assume you had a very high BAC and require you to do the longer alcohol program).
    Answer Applies to: California
    Replied: 12/20/2010
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    Were you asked to take a breath or blood test? If you are asked to take a chemical test, and you refuse, DMV will suspend your license for a year. On the other hand, sometimes not having a chemical test is helpful in defending against a criminal prosecution.
    Answer Applies to: California
    Replied: 12/20/2010
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