When you register and receive your driver’s license, you agree to take a chemical test in the event that you are arrested for a DUI. Not only do you face stiffer penalties in court if you refuse to participate in a chemical test, you also face harsh penalties at the DMV. The DMV consequences can result in you losing your license altogether, which can cause you to lose your job and your ability to care for yourself and your family.
After being arrested, you only have 10 days to demand a hearing with the DMV. If you, or your attorney, don’t contact the DMV within the ten days, you automatically lose your right to a hearing. At that point, the DMV can take whatever action they want against you and your driver’s license, specifically as suspension. It is very important to make sure that your demand for a hearing gets to the DMV within the time period allowed.
If you refuse to submit to a chemical test, the DMV will look to suspend your driver’s license for at least one year, if not more. The officers are specifically supposed to explain to you that this will happen. The officer is obliged to read to you a form that states that, because the officer believes you are under the influence, you have a choice of taking a breath test or blood test (or sometimes urine test). If you refuse to take or fail to complete a chemical test, your driving privilege will be suspended for one year, or it may be revoked for two or three years.
It is also shocking to learn that you do not have the right to talk to an attorney or have an attorney present before agreeing or refusing to take a test. Also shocking is the fact that, if you cannot complete a test due to a medical condition, that can be considered a refusal too.
Fortunately, there are defenses that can be raised at a DMV hearing. You can win a DMV hearing if the arresting officer fails to perform his or her official duty correctly. If there are problems with the manner in which the officer does or does not advise you about your obligations or the consequences, you can win.
Refusal hearings can also be won by putting on evidence at a hearing showing that no refusal ever took place. We can subpoena witnesses and offer testimony rebutting the DMV evidence, and thus proving you never refused to take a test. DMV refusal hearings are tricky, and the risks are high. It is very important to have a complete investigation done to ensure your case is presented to the DMV Hearing Officer in the best possible light.
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