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To Blow or Not to Blow? That is the Question

By Neil Shouse, Esq.

California's implied consent law requires those lawfully arrested for DUI to submit to a blood or breath test to measure their BAC. Yet many arrestees refuse to take either test and thus get charged with a DUI with "chemical test refusal." Are "refusers" better off? It depends. They face good news and bad news. The good news is that prosecutors generally loathe taking refusal DUI cases to trial. They lack the most damning piece of state's evidence: a blood or breath test revealing the defendant's BAC. Many prosecutors prefer to plea bargain refusal DUI cases on terms more favorable to the defense. Or if the case does go to trial, the accused usually has a better shot at a "not guilty" verdict. Now, for the bad news. If the refuser loses his DMV hearing, a one-year driver?s license suspension will be imposed...continue to full post

Full post as published by DUI Blogger on July 14, 2009 (boomark / email).