To Blow or Not to Blow? That is the Question
California's implied consent law requires those lawfully arrested for DUI to submit to a blood or breath test to measure their BAC. Yet many arrestees refuse to take either test and thus get charged with a DUI with "chemical test refusal." Are "refusers" better off?
It depends. They face good news and bad news. The good news is that prosecutors generally loathe taking refusal DUI cases to trial. They lack the most damning piece of state's evidence: a blood or breath test revealing the defendant's BAC. Many prosecutors prefer to plea bargain refusal DUI cases on terms more favorable to the defense. Or if the case does go to trial, the accused usually has a better shot at a "not guilty" verdict.
Now, for the bad news. If the refuser loses his DMV hearing, a one-year driver’s license suspension will be imposed. And there's no provision here for a restricted license. It's just a hard, outright, one-year suspension. Get caught behind the wheel: go to jail.
So should a DUI arrestee take or refuse the test? Well, we're California DUI defense lawyers. We have to advise you to obey the law. And the law says you must submit to the test. So there you have it. Moreover, some police will actually strap you down and do a forced blood draw...and then charge you with a refusal to boot. But most cops won't go to these lengths. They'll just note your refusal and let you take your chances with the DMV.
