California - Refused a chemical test after drunk driving arrest
If you have a valid California drivers license this means you have given your implied consent to submit to a chemical test if asked to do so by a law enforcement officer after you have been arrested for drunk driving. Implied consent laws have been created by states to encourage drivers to take the blood alcohol content test or potentially face more severe restrictive driving penalties than they might face if they were arrested and convicted of drunk driving.What happens if you refuse the blood alcohol content test in California?
In California, if you are 21 years of age and you refused to submit to a chemical test or you failed to complete the blood alcohol content test at the time you were arrested, according to the California Department of Motor Vehicles, you are facing the following administrative penalties:- A first offense will result in a 1-year license suspension.
- A second offense within 10 years will result in a 2-year license revocation.
- A third or subsequent offense within 10 years will result in a 3-year license revocation.
- A first offense will result in a 1-year license suspension.
- A second offense within 10 years will result in a 2-year license revocation.
- A third or subsequent offense within 10 years will result in a 3-year license revocation
How can I challenge the Administrative Penalties after a drunk driving arrest?
If you have refused to take the chemical test you can still request an administrative hearing to challenge your license suspension. You may hire a drunk driving lawyer and have them challenge the following aspects of your drunk driving arrest:- Whether or not the California police officer placed you under lawful arrest.
- Whether or not you were actually driving the motorized vehicle according to the definition established under Californias Vehicle Code.
- Whether or not the officer gave you adequate instructions about the penalties if you failed to complete the blood alcohol content test.
- Whether or not you actually refused to submit to the blood alcohol concentration test.
Hiring a Drunk Driving Lawyer
If you have been arrested for drunk driving and you refused to submit to the blood alcohol content test it is time to talk to a drunk driving lawyer and find out how to fight the drunk driving charges.Related articles
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