Refusing a breath or blood test after a DUI arrest in Whittier can lead to problems beyond the DUI charge itself. California’s implied consent law generally requires drivers who are lawfully arrested for DUI to take a required chemical test.

Refusing or failing to complete the test can lead to a separate DMV suspension or revocation. A refusal may also be used as evidence in a criminal case. This is why it’s especially useful to work with a DUI refusal lawyer serving Whittier.

If you are facing a DUI refusal allegation, a Los Angeles DUI Lawyer can help you understand the process and connect you with a Whittier DUI lawyer. With nearly two decades in business, we know what it takes to find a DUI lawyer. Call today for a free, no-obligation case review.

What Happens When You Refuse a Breath or Blood Test in Whittier?

If you refuse or fail to complete a required chemical test, the DMV can take action against your driver’s license. For drivers age 21 and older, the general refusal penalties are:

First refusal: One-year suspension.
Second refusal within 10 years: Two-year revocation under California Vehicle Code 23540.
Third or later refusal within 10 years: Three-year revocation.

The DMV action is separate from the criminal DUI case. This means the license case can move forward even while your criminal case is pending. A refusal may also be used against you in court. California law (California Code, Vehicle Code 23612) requires an officer to advise a person that refusing a required test may be used against them in a court of law.

Can You Get a Restricted License After a Refusal?

A refusal can make your license situation more difficult than a standard first-offense DUI. The DMV has different rules for refusal cases, and the options can depend on your age, prior DUI history, whether you were on DUI probation, and other facts.

For that reason, it is better not to assume that you will qualify for a restricted license. Your individual DMV record should be reviewed to determine what options may be available. A Whittier DUI refusal lawyer found through Los Angeles DUI Lawyer can evaluate your case for free and help you understand legal options.

Can a Refusal Increase Jail Time?

It can in certain cases. California Vehicle Code 23577 provides additional penalties when a person is convicted of DUI and willfully refused or failed to complete a required breath or urine test. The penalties can include additional jail time for certain repeat DUI convictions and DUI cases involving injury.

The law is important to understand because the criminal refusal penalties do not apply to someone who refused or failed to complete a blood test.

So, the type of test involved can make a difference, which is why having a knowledgeable Whittier DUI refusal lawyer evaluate your case can be helpful.

Can You Fight a DMV Suspension for Refusing a Test in Whittier?

Yes. You have the right to challenge a DUI-related DMV action through an Administrative Per Se (APS) hearing. The most important part is the deadline.

You Have 10 Days to Request a Hearing

You generally have 10 days from receiving the suspension or revocation order to request a DMV hearing. The hearing gives you an opportunity to challenge the DMV action. Waiting too long can cause you to lose your opportunity to request the hearing. If you have received a refusal-related suspension notice, getting help quickly can be important.

What Does the DMV Review?

In a refusal case, the DMV can consider issues such as:

Whether the officer had reasonable cause to believe you were driving under the influence.
Whether your arrest was done without violating any laws or rights.
Whether you were properly advised about the testing requirement and consequences of refusal.
Whether you actually refused or failed to complete the required test.

A DUI defense attorney can review the police report, arrest records, officers’ statements, and other available evidence to determine whether the DMV action can be challenged. Los Angeles DUI Lawyer can help you understand the APS process and get you connected with a Whittier DUI refusal attorney who can review your specific situation.

Why Get Help With a Whittier DUI Refusal Case?

Los Angeles DUI Lawyer is a resource for people dealing with DUI and drunk driving allegations. We can help explain the process and get you connected with a DUI refusal attorney serving Whittier who can review the facts of your case. An attorney can look at:

The reason for the traffic stop.
The officer’s observations.
The reason for the arrest.
The warnings you received.
The type of test you were asked to take.
Whether you tried to complete the test.
Any medical issues that affected testing.
Police reports and other evidence.
Your DMV suspension or revocation notice.

The 10-day APS deadline also makes timing crucial. Getting legal help early gives an attorney more time to review the DMV action and prepare for the hearing.

Get Connected With a Whittier DUI Refusal Lawyer Today

A DUI test refusal can affect your driver’s license and your criminal case. If you received a DMV suspension or revocation order after a Whittier DUI arrest, do not wait to find out what happens next.

You generally have only 10 days to request an APS hearing, and missing that deadline may impact your driving privileges and your future.

Los Angeles DUI Lawyer is a resource for people facing DUI and drunk driving allegations, and we’ve helped thousands of people. Call today for a free, no-obligation case review, or use the contact form to get connected with a DUI defense attorney who can review your situation.