Refusal to Submit to a Chemical Test
California Vehicle Code §13353(a) states that, if you refuse an officer’s request to submit to, or fail to complete a chemical test or tests upon receipt of the officer’s sworn statement that the officer had reasonable cause to believe you had been driving under the influence, and that you had refused to submit to, or did not complete the test, the DMV may suspend your license for one year (sometimes more if multiple refusals have occurred within the last 10 years).
Among other factors, it is very important that the officer made a statement of his reasonable cause. Otherwise, the refusal may be attacked in court and a dismissal may be granted. Please call Rice & Rice if you are facing California Vehicle Code §13353 violation in connection with your DUI charge. We will explain all of the potential consequences of this charge and discuss viable options for your defense.