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If that driver then refuses to submit to a Chemical Test, then the Officer has an obligation to advise the driver what the potential consequences would be if he continues to refuse. There are a few exceptions to this rule, but generally speaking, the driver has the right to choose between the two tests. When a Peace Officer arrests a person for suspicion of DUI, the officer has an obligation to tell that driver they must to submit to a Chemical Test of their blood or breath. In this particular case, the issuance of these subpoenas was pivotal and turned the case upside down.

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Based upon that review, we issued a series of Subpoenas which directed the Police Agency to release certain items of evidence that we considered important. Once we received the police reports from the DMV (referred to as Discovery), we conducted a critical review of that material. Once the hearing was scheduled and a Stay was granted, our defense began with a detailed interview of the client to determine his complete medical history, driving history, criminal history and the events leading to his arrest.

This can be critically important for a driver as a case of this nature could take months to resolve. This means the DMV stops the suspension until the outcome of his hearing. When our request was granted, we also asked that the Department place a “Stay” on the suspension. Our Defense: When our client retained us, we immediately went to work to schedule his “ Chemical Test Refusal” hearing with the San Bernardino Driver Safety Office. Did the driver refuse to submit to a Chemical Test after being asked to submit to one by a Peace Officer.Following a law arrest for DUI, was the driver properly advised of the requirement that he submit to a Chemical Test and what the penalties would be for refusal?.Did the Peace Officer have a lawful reason to come into contact with the driver and upon doing so, have reasonable cause to believe that he had been driving in violation of the Vehicle Code?.To take a Suspension or Revocation action in a “Refusal” case, the DMV must establish the following issues: If a driver is found to have refused a Chemical Test following a lawful arrest for DUI, the department MUST suspend or revoke the driving privilege. The order further told him that to defend himself he was required to contact the Department within ten days to schedule a hearing.ĭMV’s Position: The California DMV has no discretion in matters of this nature.

California dmv audio test license#

When he was released, our Client’s driver license was confiscated and he was issued an “Order of Suspension” advising him that the DMV was initiating the process to suspend or revoke his license. When our Client again refused, the Deputy Sheriff contacted an “on-call” judge who issued a Search Warrant for the forcible extraction of a blood sample and the blood was subsequently drawn. When our Client flatly refused the blood test, the Deputy told him that failure to submit to the blood draw would not delay the process as they would simply draw the blood by force. While at the station in Victorville, the Deputy directed our client to submit to a blood test. Our Client was subsequently arrested for suspicion of DUI and was transported to the Sheriff’s Department in Victorville. The Deputy administered a series of Field Sobriety Tests that he felt our Client performed poorly. The Deputy’s report would later allege that our Client’s eyes were bloodshot and watery, that his speech was slurred and that he was unsteady on his feet. When he admitted consuming alcohol prior to driving, the Deputy ordered our Client out of his vehicle to participate in a DUI investigation. One evening in April 2017, our Client was driving in The City of Hesperia when he was stopped by a San Bernardino County Sheriff’s Deputy who alleged that he had been weaving within his lane. If a driver refuses to submit to a chemical test, they are subject to the complete revocation of their driver license for anywhere from 1 to 3 years, depending on a variety of factors.

Under California’s Administrative Per Se Laws, a driver who is lawfully arrested for DUI must submit to a chemical test of their blood or breath at the request of a Peace Officer.

California dmv audio test drivers#

Case History: California Drivers Advocates was retained to defend a client whose driver license was being suspended by the California Department of Motor Vehicles following an arrest for DUI in which he allegedly refused to submit to a Chemical Test.