What Happens to My Driving Privileges if I Refuse to Take a Breath Test?

What Happens to My Driving Privileges if I Refuse to Take a Breath Test?

When pulled over for drunk driving in Orange County, some drivers make the decision to refuse the breath tests in an attempt to avoid DUI charges. If you refused a breath test following your DUI arrest, you are urged to retain the counsel of a skilled, aggressive Orange County DUI lawyer to defend your breath test refusal at a DMV hearing and in your DUI criminal case.

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Two types of breath tests

There are commonly two types of breath tests.

  • The breath test before your arrest is called the preliminary alcohol screening (PAS) test. This test typically occurs on the side of the road where you were pulled over.
  • The second test is called the Breathalyzer and occurs after your arrest, usually at the police station.

You can refuse the PAS test if you are 21 or older. However, if you were lawfully arrested, refusing the post-arrest breath test, or equivalent chemical test, will result in enhanced penalties and loss of driving privileges.

With help from an Orange County DUI lawyer, it may be possible to avoid penalties for refusing a chemical test by establishing at a DMV hearing that your arrest was not lawful.

Enhanced penalties for refusal

If you were 21 years or older at the time of the arrest:

  • A first offense will result in a 1-year suspension.
  • A second offense within 10 years will result in a 2-year revocation.
  • A third or subsequent offense within 10 years will result in a 3-year revocation.

If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:

  • A first offense will result in a 1-year suspension.
  • A second offense within 10 years will result in a 2-year revocation.
  • A third or subsequent offense within 10 years will result in a 3-year revocation.

Personal Representation at DMV Hearings and in Your DUI Case

If you are facing DUI charges, or have specific questions about the repercussions of refusing a breath, blood or alcohol test in Orange County, call us today. the Law Office of Mike Coffey Attorney at Law& the Law Office of Mike Coffey Attorney at Lawpractices only in Orange County. As a result, we know what to expect from the local police, prosecutors, judges, and DMV personnel.  Our highly skilled and trained attorneys are ready to handle your DUI case as well as DMV hearing.  For a free consultation, please call us at (800) 706-7888.