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DMV penalties and consequences do not apply to everyone in the same exact manner. There are some variables such as were you lawfully arrested and did you actually refuse a chemical test? Are you a minor? Are you a commercial driver?
Refusal to Take Chemical Test
Assuming the officer had both, a sufficient amount of articulable facts to detain you (rather than merely acting on a “hunch”) and then ALSO subsequently had a sufficient amount of articulable facts to arrest you, you would have been required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood.
If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more… if you are not successfully represented at your DMV Hearing, your driving privilege will be suspended for 1 year.
If the officer had probable cause to arrest you, you would have been required to complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless:
Possible License Suspensions for refusing to take or complete the “required” chemical test
If you were 21 years or older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:
If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:
These DMV Consequences only take place if the DMV APS Hearing against you is successful. If your DUI Defense attorney can construct and implement a successful DMV APS Hearing defense / challenge, the above consequences will not be enforced against you.
Whether you have been charged or arrested for a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI or El Cajon DUI, if you’re looking for San Diego’s Best DUI Defense Attorney, you must speak with Attorney Chris Sohovich as soon as possible. Attacking DUIs is what we do best.