Your decision to refuse a blood or breathe test can have a major impact on both your DUI case and also will impact what the Department of Motor Vehicles will do as to the suspension of your driving privilege.
When you refused the blood test you made it more difficult for the prosecutor to be able to convict you of a DUI. You did this by taking away the most “critical” piece of evidence that District Attorneys use to convict persons of a DUI. Now your DUI case will depend upon what evidence there is as to your driving and any field sobriety test you may have taken. If you retain an experienced DUI defense law firm you will stand a good chance of obtaining a positive result in your DUI case.
However, if you are found guilty by the jury and the jury finds you in fact did “refuse” the chemical test, then the judge is required by law to impose a more harsh sentence, including jail time, even if this is your first DUI offense. So by refusing the test you may have helped your criminal case, but if you do not prevail then your punishment will likely be substantially worse.
In addition, the Department of Motor Vehicles must suspend your driving privilege for a minimum of one year if after a hearing they determine you willfully refused to take a chemical test upon request of a police officer. You must request a hearing with the DMV within ten days of your arrest for DUI or you will forfeit your right to a DUI hearing.
There is much more at stake in a DUI case, when the accused refuses a chemical test. It is critical in such a situation that the person facing prosecution immediately retain an aggressive Riverside DUI defense lawyer to fight for them.
If you have any questions regarding DUIs please feel free to call us anytime at (877) 4-NO-JAIL or (877) 466-5245.