Can You Refuse a Blood Test for DUI in California?

This video features Mark L. Deniz Esq., a Criminal Law attorney based in California.

San Diego Criminal Defense Lawyer

Video Transcript:

Tom Mustin: 

What happens if you refuse a DUI test in California?

Mark Deniz: 

The California Department of Motor Vehicles and the courts punish people for violating what we call it implied consent, and that was that you had agreed previously to a blood draw or a breath test. When someone does refuse, it turns into motion penalties that could result in most cases of mandatory jail time and one year, no driving with no opportunities for a restricted license. Where normal DUI cases, someone is eligible for a restricted license, with a refusal, it could result in a one-year suspension. The key in those cases is to find, in most circumstances, whether the officer did the proper admonition and the proper investigation to warrant that refusal.

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