License suspension for refusing DUI chemical tests
Nov. 26, 2014
There are a number of reasons why a driver’s license may be suspended, including repeat traffic violations and DUI offenses. When it comes to a DUI, a license suspension can come from both the DMV and as the result of a criminal conviction. The length of suspension may vary based on a number of factors. For California residents who refuse to submit to chemical tests, the suspension can be longer than a typical license suspension.
Age does matter when it comes to DUI charges. However, for license suspensions resulting from refusing a chemical test, the length of suspension is the same regardless of age. Suspensions lengths for refusing a chemical test are:
1-year suspension for a first offense
2-year revocation for a second offense if it occurs within 10 years of the first offense
3-year revocation for any subsequent offenses within a 10 year period
Chemical tests are required in California, but there are a number of reasons why a person may not be able to take them. For instance, certain medical conditions and medications can alter test results. Some of the medical conditions that can contaminate a chemical test include hemophilia, heart conditions and GERD.
Those arrested for DUI will face an automatic license suspension through the DMV. The circumstances surrounding the incident, such as a chemical test refusal, will determine how long a suspension will last . If a criminal conviction is secured, the license suspension can be extended beyond the DMV standards. California residents who have been arrested for DUI can appeal to have their license reinstated through the DMV, as well as fight any criminal charges in court. A number of defense strategies may be utilized to assist in this challenge and help those accused get through their legal proceedings and back to their daily lives.