Wednesday, November 23, 2011

"Officer, what did you say about my DUI rights and obligations in San Diego California? Can I talk to a lawyer or is that a refusal if I insist?"

One thing always comes in California DUI cases. The ultimate. The bottom-line. The prevailing evidence. It's called the BAC. It is from a Blood or Breath Test in alcohol cases. So you have to do it! Or else!!

Read this new San Diego County DUI Law Center Article about everything you need to know about "refusals," chemical tests, curing by submitting, defenses to refusals, differences between hand-held breath test gadgets and the big breath test machine.

Once the cuffs are on, here's what the cop normally reads to the California DUI suspect or arrestee:

The DMV chemical test admonition form used for this purpose states:

1. You are required by state law to submit to a PAS (DUI Probation) or other chemical test to determine the alcohol and/or drug content of your blood.

2. a. Because you are under the influence of alcohol, you have a choice of taking a breath or blood test.

b. Because I believe you are under the influence of alcohol or drugs, you have the choice of taking a blood, breath or urine test.

c. (when applicable) Since the blood and breath test is unavailable, you are deemed to have given your consent to chemical testing of your urine.

d. (when applicable) Since you need medical treatment, your choice is limited to __________ test(s), the only test(s) available at ________________________.


3. If you refuse to submit to, or fail to, complete a test, your driving privilege will be suspended for 1 year or revoked for 2 or 3 years. A second offense within 10 years of a separate violation of driving under the influence, including such a charge reduced to reckless driving, or vehicular manslaughter, or a violation of C.V.C. section 23140, or a separate administrative determination that you were driving with a blood alcohol content of .01 percent or more while under the age of 21, or .04 while operating a commercial vehicle, or a blood alcohol content of .08 percent or more at any age, or refusing a test will result in a 2 year revocation. Three or more offenses within 10 years of any combination of the above violations, convictions or separate administrative determinations will result in a 3 year revocation.

4. Refusal or failure to complete a test may be used against you in court. Refusal or failure to complete a test will also result in a fine and/or imprisonment if this arrest results in a conviction for driving under the influence.

5. You do not have the right to talk to an attorney or have an attorney present before stating whether you will submit to a test, before deciding which test to take, or during the test.

6. If you cannot, or state you cannot, complete the test you choose, you must submit to and complete a remaining test.

After this is supposed to be read, the driver’s statements and/or any refusal behavior or actions can be reported by the peace officer in blank lines provided by this DMV form.*

Will you take a breath test? _______________________

Will you take a blood test? _______________________

* “The driver refused to submit to or failed to complete any test. The refusal or failure was indicated by the following statements or actions: ___________________________.”

You must submit to a chemical test to determine the alcohol and/or drug content in your body after you have been lawfully arrested for a California DUI.