A refusal does not make the case go away, and it starts a DMV clock. We challenge whether a valid refusal even occurred.
The short answer. After a lawful DUI arrest in California, the officer can require a chemical test, and refusing it can lead to a DMV suspension or revocation that is separate from the criminal case. For a driver 21 or older, a first refusal can lead to a one-year suspension and a second within 10 years to a two-year revocation. You generally have 10 days to request a DMV hearing.
Many people think refusing means there will be no evidence. It does not. The state can still use your driving pattern, officer observations, field sobriety tests, body camera footage, witness statements and anything you said, and may pursue a blood draw through lawful procedures. The roadside handheld test (PAS) is treated differently from the post-arrest test, and mixing them up is where people get hurt.
| When | What happens | What we do |
|---|---|---|
| At the stop or arrest | Refusal alleged; license may be taken | You call us; we start on your deadlines |
| Within 10 days | The DMV hearing window | We request it and review the paperwork |
| Evidence stage | Officer reports and advisements reviewed | We check what was said and documented |
| Resolution | DMV hearing and court outcome | We protect driving privileges and challenge the refusal |
We review exactly what the officer said, whether the chemical test warning was properly given, whether your response was actually a legal refusal, and whether the timeline and reports are consistent. Small details can decide whether the DMV action and the criminal allegation hold up: whether the arrest was lawful, whether you were advised correctly about blood versus breath, and whether a failure to complete the test had a legitimate reason.
After arrest, the officer must advise that you do not have the right to have an attorney present before deciding whether to take the test or during the test. Call a lawyer immediately after the arrest, not before choosing.
Local knowledge matters: Howard Williams is familiar with local judges, prosecutors, and court procedures at El Cajon Superior Court. You get direct access to your attorney, not a call center, and we are available 24/7 for emergencies. Over 20 years of experience.
Related services: DMV Administrative Hearings, License Suspension Defense, DUI Drug Charges.
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Sources: California DMV; California Vehicle Code 23612; AB 702. The information on this page is general and does not create an attorney-client relationship.
Contact The Law Firm of Howard Williams today for immediate help challenging refusal allegations and defending your California driving privileges.
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The small handheld roadside test (PAS) may be optional for many drivers age 21 or older who are not on DUI probation. Different rules can apply in some situations, including underage and DUI probation cases.
Once you are lawfully arrested, the officer can require a chemical test. For alcohol you generally choose between blood or breath. Refusing can lead to DMV consequences separate from the criminal case.
For a driver age 21 or older, a first refusal can lead to a one-year suspension, and a second within 10 years to a two-year revocation.
No. The state can still rely on driving pattern, officer observations, field sobriety tests, body camera footage and statements, and may pursue a blood draw through lawful procedures.
Usually not. After arrest, the officer must advise that you do not have the right to have an attorney present before deciding or during the test.
By examining what the officer said, whether the warning was properly given, whether your response was a legal refusal, and whether the timeline and reports are consistent.
These official sources give general information on this topic. They are not legal advice.
