This is not a scenario to go out and try to cause to occur. This is simply a situation which occurs from time to time. When pulled over as a suspected drunk driver in the State of California, Law Enforcement will give you the opportunity to take a breathalyzer on the roadside. If you refuse it, you are given an opportunity to take the blood test at the Station. You will be advised that you will automatically loose your DMV Driver’s License if you do not take the blood test.
From time to time people elect to refuse the breathalyzer on the roadside and to take the blood test at the Station, but once they get to the Station they change their mind. If a person changes their mind and says they want a breathalyzer instead of a blood test, and the Law Enforcement Officer then does not give the suspected drunk driver the breathalyzer, it can be argued in the DMV Administrative Per Se Hearing that the Defendant did not refuse the test, and therefore did not violate the DMV rules and therefore should be allowed to keep their license. Or let’s say the Law Enforcement Officer gives the breathalyzer, well then it may be a lower BAC. It could be a higher BAC though that shows up if you had a rising BAC.
Do you see though why I started this blog post off by saying that this is not a scenario to go out and try to cause to occur? You cannot bank on the Law Enforcement Officer for certain not giving the breathalyzer just because you refused the blood test at the Station. The best thing to do is to not get as close to the line as to find yourself wondering if you should take a breathalyzer during a roadside DUI Stop. Always have a 100% Sober Designated Driver if you go out for drinks.
Play it safe, but if you find yourself being charged with a DUI, please call us and save yourself money by availing yourself to our more cost effective and efficient $150/hr. Paralegal Hours. All we do is Criminal Defense Paralegal Work here at Apex Law Service and the Attorneys with whom we connect you rely on us to connect them with their Clients and to do their Paralegal Work. We run a very efficient office and it frees the Attorneys to focus on fighting your case rather than on the business of running an office. This gives you a financial leg up and lets your Attorney focus on what is most important, your case!
If you are an Attorney and need to hire a Paralegal to handle a DMV APS Hearing, you can hire us to work on cases for your Current Clients as well.