What to do about a refusal to take a blood test regarding a DUI?

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What to do about a refusal to take a blood test regarding a DUI?

Pulled over for DUI, took field sobriety test, and then I requested to be taken to the station for the initial breathalyzer. After 3 failed attempts at the breathalyzer, the police stated that I would now have to submit to a blood test. I am scared of needles and refused to do so. I was booked on DUI. Do I have a case since there is no proof of my BACor no since the police booked me due to my “impaired judgment?” Are chances greater for me of getting the chargers dropped to a DWI without an attorney?  Should I speak with a DUI attorney? In Los Angeles County, CA.

Asked on February 22, 2011 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I do not know in which county in California you reside but generally speaking there are what is know as implied consent laws, meaning that the law requires compliance with alcohol and or drug chemical testing of blood or breath at the request of a Police Officer, if arrested on suspicion of DUI. If you refuse then the arresting officer is required to inform the person that such refusal will result in automatic drivers license suspension or revocation, depending on the whether prior offenses or aggravating circumstances exist. The officer will immediately confiscate any driver's license or permit on the person at the time of the DUI arrest. The officer will then forward the physical driver's license and a copy of the driver's license suspension or revocation notice to the California Department of Motor Vehicles (DMV). As for how strong their case is, seek legal help from a criminal defense attorney in your area as soon as possible.


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