Thursday, December 22, 2011

What is the penalty for a refusal in California?

There are a number of penalties or consequences for DUI charges in California.  Perhaps the most severe of all penalties is that for a refusal to take a chemical test, breath or blood.  In addition to the Court consequences, the DMV will impose harsh sanctions if the driver is found to have refused a breath or blood test after having been arrested for drunk driving

The following are the administrative penalties for a DUI refusal
  1. A First refusal within 10 years carries a one year drivers license suspension
  2. A second refusal after a DUI conviction, wet reckless or admin per se suspension within 10 years is a 2 year license revocation.
  3. A third refusal within 10 years is a 3 year revocation of your driving privilege.
In light of the very severe refusal penalties in California, it is advisable to seek legal representation for any refusal case.