Consequences for Chemical Test Refusal for 1st DUI
The law requires submitting to a chemical test if one is arrested on suspicion of DUI. Refusing to submit to a chemical test will result in severe punishment.
You agree to submitting either a blood or breath test if suspected of DUI when you are given your driver license.
The punishment for not submitting to a blood or breath test will result in:
- 2 additional days in jail
- 1 year driver license suspension without the ability to obtain a restricted license
- 9 month DUI class
The refusal gives you an advantage of not revealing an alcohol level to a jury, but the refusal can be used as evidence of your guilt.
Submitting to a preliminary alcohol screening test (usually in the form of a breath test at the scene of the stop) is not necessarily submitting to the required chemical test. The officer will usually let you know which test is the mandatory test to take and refusing to do so will result in increased punishment.
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 DUI off your record. For more information, read the DUI section.