If you refused a chemical test, then the court has the right to punish
you for your actions. In fact, you can be prosecuted and sentenced for
refusing to take a
chemical test even if you are not actually convicted of a DUI at your trial. Many people
get confused regarding chemical tests. This is because field sobriety
tests, which are a variety of exercises that police ask their suspects
to complete to determine whether or not they are intoxicated, are optional.
A suspect has every right to refuse to perform these actions if he or
she does not want to. On the other hand, refusing a chemical test can
come with serious consequences.
As of 1999, a urine test is no longer available as an alternative to a
blood or breath test unless you are a hemophiliac or have been taking
an anticoagulant medication in conjunction with a heart condition. If
you refuse a blood or breath test, you will be given a one year driver’s
license suspension for your first offense. Your second offense within
10 years will result in a two-year license revocation, and a third or
subsequent offense will come with an additional 3 years without a driver’s
license. During license suspension periods, driving a car is illegal.
You will need to arrange carpools or rely on public transportation to
get where you need to be.
In some cases, the DMV may be generous enough to offer you a provisional
license which will allow you to travel to and from work. According to
the California DMV, if you are under 21 years of age when you refused
to take a blood or breath test, then you will be given a 1-year license
suspension just as an adult. The sentences are similar regardless of your
age. Contact a DUI attorney today if you have been arrested and charged
for refusing to take a blood or breath test. If you were not warned of
the consequences beforehand or were confused about the laws regarding
chemical tests and field sobriety tests, then talk to a Fremont DUI lawyer
at our offices.