Legal Question in DUI Law in California

If pulled over at a traffic stop and you have had a few drinks, is it better to refuse to the breathalyzer or to take it. I've heard that no taking it is ofter preferable.


Asked on 4/21/14, 12:12 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You got yourself some poor advice from 'they'. Refuse and you automatically lose your license for a year through DMV suspension, in addition to the other suspension of license imposed by DMV automatically upon your arrest for DUI. You also commit 'contempt of cop' by refusal, which will affect his attitude towards you, and his conclusions to be shown in his report.

A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV because of the arrest. That suspension is separate and runs consecutively with any other suspension that may be imposed by DMV, or the court upon conviction. Contact DMV and do so timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing to present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does.

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will defend you, try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.

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Answered on 4/21/14, 2:36 pm


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