DUI charges refusal chemical test consequences

[krnjin]

What is the name of your state (only U.S. law)? California

Hello.

First and foremost, I want to say that I've made a terrible mistake in my life couple of days ago driving under the influence of alcohol. I know I should've never done it and it's been three days and I still feel really bad.
I just want to say I am sorry whoever is reading this that are offended of drunk drivers. I now know for sure that I will never ever drive under any influences.

I've been posting stuff on other forums about getting arrested for DUI's and most of the replies that I've gotten was pretty harsh. I know I did a wrongful thing. As of today, I am reflecting upon myself. I've learned my lesson.

Now, to the question I originally have, I got arrested of DUI on Friday 6/10 and I refused to blow onto the hand-held device on the street by police officer. After researching the day after I was released from the custody, I found out that gave the officer right to arrest me if I refuse the breathalyzer on the field. So I got arrested. At the police station I refused both of the breath and blood test, and officer warned me about my license suspension, however, I kept on refused to do further test. After like an hour or so, officer got me a warrant and eventually pull out my blood calling one of the doctor. Throughout the whole process, I was cooperative, except the fact that I said no to both of the test.

After that day, I've done a lot of research about DUI arrest situation and later found out that if I refused blood or breath test and checked down for the "refusal of chemical test" and "forced blood test", the consequences could be a year of license suspension and a MANDATORY JAIL TIME OF 48 HOURS. Even the couple of hours that I was handcuffed when I got busted for the DUI that night was just horrific and I cannot bare how spending the whole two days (48 hours) in jail would feel like.

I had couple of talks with some of the lawyers in town and they said since this is my first offense in DUI or any criminal law, they would most likely not going to give me any jail time

so I want to ask you guys if you guys can share if you guys had any experience with DUI refusals. What are the chances of me getting end up in a jail?? (I just hired an DUI specialist attorney today) (I assume that my BAC was pretty high since I can only remember some block of memory while I was arrested, but I do remember all when I was transferred to the police station)

 

[CdwJava]

First and foremost, I want to say that I've made a terrible mistake in my life couple of days ago driving under the influence of alcohol. I know I should've never done it and it's been three days and I still feel really bad.
I just want to say I am sorry whoever is reading this that are offended of drunk drivers. I now know for sure that I will never ever drive under any influences.

I hope that is true and that you result mean you will never drink and then drive. Too many people simply change their thought to mean they will try not to drink as much when they drive. Hopefully you have now adopted a zero drinking policy when driving.

Now, to the question I originally have, I got arrested of DUI on Friday 6/10 and I refused to blow onto the hand-held device on the street by police officer.

If that was the field PBT or PAS test, then that is simply one of the field sobriety tests and not one of the mandated tests. You have the right to refuse that test, and the officer is supposed to read an admonition to you to that effect.

After researching the day after I was released from the custody, I found out that gave the officer right to arrest me if I refuse the breathalyzer on the field. So I got arrested.

No. He formed the opinion that you were impaired based upon the sum total of his observations and not simply as a result of your refusal to blow in the PBT/PAS in the field. In fact, he cannot legally presume impairment because of that refusal.

At the police station I refused both of the breath and blood test, and officer warned me about my license suspension, however, I kept on refused to do further test.

Yeah, now you can kiss your license goodbye for a year.

After like an hour or so, officer got me a warrant and eventually pull out my blood calling one of the doctor. Throughout the whole process, I was cooperative, except the fact that I said no to both of the test.

This is called a "win-win" for the police and prosecution. You refused the test and will be suspended for a year, AND the state has the evidence to use against you. Further, they can use your refusal as consciousness of guilt at trial. Ultimately I suspect that your case will end in a plea deal that will minimize jail time, put you on probation, and result in large fines and fees.

After that day, I've done a lot of research about DUI arrest situation and later found out that if I refused blood or breath test and checked down for the "refusal of chemical test" and "forced blood test", the consequences could be a year of license suspension and a MANDATORY JAIL TIME OF 48 HOURS. Even the couple of hours that I was handcuffed when I got busted for the DUI that night was just horrific and I cannot bare how spending the whole two days (48 hours) in jail would feel like.

Get ready for it. You will also have up to 6 months held over your head as part of probation.

so I want to ask you guys if you guys can share if you guys had any experience with DUI refusals. What are the chances of me getting end up in a jail??

Spending jail time beyond the 48 hours? Not likely ... provided you adhere to your probation stipulations which will likely include no alcohol at all when driving, and may even include a restriction against entering liquor stores or bars.

(I just hired an DUI specialist attorney today) (I assume that my BAC was pretty high since I can only remember some block of memory while I was arrested, but I do remember all when I was transferred to the police station)

Ultimately this will be an expensive lesson for you.