Westminster DUI Refusal Lawyer

Refusing a DUI chemical test in Westminster can create problems beyond the DUI charge itself. California’s implied consent law generally requires drivers who are lawfully arrested for DUI to take a chemical test. 

Refusing or failing to finish the test can lead to a separate DMV suspension or revocation. It can also affect the penalties you face if you are convicted of DUI. A Westminster DUI lawyer can help you figure out next steps, but finding one may be challenging on your own. 

If you are accused of refusing a breath or blood test, Los Angeles DUI Lawyer can explain what may happen next and get you connected with a Westminster DUI refusal lawyer. We have helped thousands of people and may be able to help you too. Call today to get connected with a lawyer who can represent you.

What Counts as a “Refusal” Under California’s Implied Consent Law?

California Vehicle Code 23612 is often called the state’s implied consent law. It says that a person who drives in California is considered to have agreed to certain chemical testing after a lawful DUI arrest. A refusal does not always mean saying, “No, I won’t take the test.” You may be accused of refusing if you:

• Clearly refuse the test.
• Do not provide a required sample.
• Fail to complete the test.
• Repeatedly provide an inadequate breath sample.
• Do not follow the testing instructions.

The details matter. For example, a medical condition may affect your ability to complete a test. The type of test requested and what happened during the testing process can also matter.

Penalties for Refusing a DUI Test in Westminster

A DUI test refusal can affect both your driver’s license and your criminal case; here are more details about potential penalties:

DMV License Penalties

The California DMV can suspend or revoke your driving privilege for refusing or failing to complete a required chemical test. For drivers age 21 or older, the general refusal penalties are:

• First refusal: One-year suspension.
• Second refusal within 10 years: Two-year revocation.
• Third refusal within 10 years: Three-year revocation.

The DMV action is separate from the criminal DUI case. This means you can have a DMV case even while your criminal case is still pending. A refusal can also limit your ability to obtain certain restricted driving privileges. 

Criminal Penalties

A refusal can also affect sentencing if you are convicted of DUI. For some first-time DUI convictions, refusing a chemical test can mean a longer DUI education program. Certain DUI refusal cases can also involve additional jail time under California law. 

The exact consequences depend on several factors, including:

• The DUI charge.
• Whether anyone was injured.
• Your prior DUI history.
• The type of chemical test involved.
• Whether the refusal was considered willful.

A refusal does not automatically mean that every person will receive extra jail time. The specific facts of the case matter.

Can You Fight a DUI Refusal Charge?

Yes. A refusal allegation can be challenged based on what happened during the traffic stop, arrest, and testing process. Possible issues may include:

• The officer did not give the required warning: California law requires officers to explain certain consequences of refusing or failing to complete the required test.
• You could not complete the test because of a medical issue: A medical condition or treatment may affect your ability to provide a sample.
• The testing procedure was not followed correctly: Officers must follow California’s rules when requesting a chemical test.
• The arrest was not lawful: The chemical testing requirement applies after a lawful DUI arrest.
• You did not actually refuse: The circumstances surrounding an incomplete or unsuccessful test may be important.

A DUI defense attorney can review the police report, body-camera footage, test records, and other evidence to determine whether there are problems with the refusal allegation.

What is a DMV APS Hearing?

APS stands for Administrative Per Se. It is the DMV process used to decide whether a DUI-related suspension or revocation should remain in place. The APS case is separate from your criminal case. During a refusal hearing, the DMV can consider questions such as:

• Did the officer have reasonable cause to believe you were driving under the influence?
• Were you lawfully arrested?
• Did the officer properly explain the consequences of refusing?
• Did you refuse or fail to complete the required chemical test?

The deadline to request an APS hearing is important. You generally have 10 days after receiving the suspension or revocation order to request a hearing. If you miss the deadline, you may lose your opportunity to challenge the DMV action through an APS hearing. Because of this, contacting a Westminster DUI refusal lawyer as soon as possible is important. 

Why Get Help With a Westminster DUI Refusal Case?

Los Angeles DUI Lawyer is a resource for people facing DUI and drunk driving charges. We can help you understand the legal process and connect you with a Westminster DUI refusal attorney who can review your case. 

A DUI defense attorney can look at:

• What caused the traffic stop.
• What the officer observed.
• Whether you were lawfully arrested.
• What warnings the officer gave you.
• What type of chemical test you were asked to take.
• Whether you tried to complete the test.
• Whether a medical condition affected your ability to test.
• What evidence the prosecution has.
• What happened with your DMV license.

The right approach depends on the facts of your case. There is no single defense that works for every DUI refusal case. Los Angeles DUI Lawyer can also help you understand what steps may be available after a refusal allegation and help you get connected with appropriate legal assistance.

Contact a Westminster DUI Refusal Attorney Today

A DUI test refusal can affect your driver’s license and your criminal case. If you received an order of suspension or revocation, do not ignore it. The DMV generally gives you only 10 days to request an APS hearing.

Los Angeles DUI Lawyer is available as a resource for people facing DUI and drunk driving allegations, and we have been connecting people with trusted lawyers for 19 years. You can call today for a free, no-obligation case review or use the contact form to get connected with a Westminster DUI refusal attorney.