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Implied Consent/Refusal (DUI) DMV Suspension

On Behalf of | Feb 23, 2021 | Firm News |

If you get pulled over for suspicion of DUI and refuse to complete a chemical blood alcohol test (either breathalyzer or blood), it can result in the suspension of your license, without accommodation. For first time offenses, the refusal suspension lasts one year. If you’ve had a prior offense within the last 10 years, it will result in a two-year revocation of your license, and a three-year revocation if you’ve had more than one prior offense.*

Still, you are entitled to an Administrative Per Se hearing (APS) in which you may try to reinstate your driving privileges, which must be done within 10 days of your arrest. This gets tricky though because in order to have the suspension waived, you have to prove that you were not lawfully stopped, arrested and advised of the chemical blood alcohol test before refusing the test.

Of course, you don’t want to have to represent yourself in court. With years of experience handling DMV cases, Winfield Law can help walk you through the process and, hopefully, get you behind the wheel again. Call us for legal representation.

*See Section 13353.1 (2-3)