California DMV Hearings – Refusal Hearings
When you drive in California, you consent to take a test of your breath or blood or, under certain circumstances, your urine if you are arrested for driving under the influence of alcohol, drugs or a combination of both. If you refuse to submit to any of the tests, your driving privilege may be suspended for the refusal. Even if you change your mind later and agree to a test, your driving privilege may be suspended for both reasons, although both actions will run concurrently.
In a DMV hearing regarding a refusal is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act.
Only the following issues will be discussed at a refusal hearing: If you refused or failed to complete a blood, breath test, or (if applicable) a urine test:
2. Were you placed under lawful arrest?
3. Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?
4. Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer? What are some of the defenses to a DMV Refusal Case ?
The police officer induces confusion on the part of the licensee Legislative History for Refusing to Comply with the Implied Consent Statute The legislative history of the implied consent statute is remedial in nature and aimed at reducing the hazards of drunken driving on the highways of California. It was designed to secure the civil cooperation of all persons privileged to drive in providing objective scientific evidence of intoxication (or sobriety) when the privilege is being exercised. The sanction of suspension when such cooperation is refused is not a criminal penalty and does not depend upon a subsequent conviction of driving while under the influence. Hearings under the statute are civil and not criminal in nature.