Consequences for Chemical Test Refusal for 2nd DUI

13 October 2013

The punishment increases for a 2nd DUI conviction within 10 years of your first DUI conviction.  A refusal to take either a blood or breath test also increases the punishment you can face.

The punishment for not submitting to a blood or breath test on your 2nd DUI will result in:

  • 4 additional days in jail
  • 2 year driver license suspension without the ability to obtain a restricted license

The most severe punishment for a refusal on the 2nd DUI is possibly the strict 2-year driver license suspension.  The driver license suspension for a 2nd DUI is normally two years with the possibility of getting a restricted license after 90 days with the installation of an ignition interlock device.

The officer is required to clearly inform you that additional punishment will occur for a refusal.  Possible defenses may exist if the arresting officer intentionally used confusing language or their actions caused you to not perform the required chemical test.

If you were arrested for driving under the influence, call the Law Offices of Nam Q. Doan | OC Legal Defense today at (714)248-3626.  I can help you devise a strategy to put on your best defense to keep the your driver license from being suspended.  For more information, read the DUI section.