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Criminal Law

: DUI Blogger

To Refuse or Not to Refuse...

By Neil Shouse, Esq.

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As a Los Angeles DUI defense attorney, people frequently ask me the following question: If I?m stopped for DUI, should I take a blood/breath test or refuse to do so? And here?s how I respond: It depends. If you can live without your driver?s license for a year, then politely refusing to submit to a chemical blood or breath test is a good choice. I say this because the California DMV will automatically suspend your driver?s license for a minimum of one year (more if it?s your second or subsequent DUI arrest) if you refuse to submit to a blood/breath test. But if you can suffer that consequence because either (1) you can rely on friends/family to drive you, or (2) have a good public transportation system, prosecutors have a difficult time proving refusal cases...continue to full post

Full post as published by DUI Blogger on January 26, 2010 (boomark / email).

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