Falsely accused of refusing test

[Johnquinn]

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

I was accused of refusing a breath test yet my bac result of .21 was entered as evidence against me . Any advice please . License gone for two years . Help

 

[quincy]

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

I was accused of refusing a breath test yet my bac result of .21 was entered as evidence against me . Any advice please . License gone for two years . Help

What sort of advice do you need at this point?

I assume if the BAC was "entered as evidence" and your license was suspended, you have already been convicted. Right? If not, you need an attorney. If so, it looks like you will need to ride a bike or ride the bus or rely on friends to transport you places for two years.

 

[Johnquinn]

What sort of advice do you need at this point?

I assume if the BAC was "entered as evidence" and your license was suspended, you have already been convicted. Right? If not, you need an attorney. If so, it looks like you will need to ride a bike or ride the bus or rely on friends to transport you places for two years.

I only found out today from dmv that I have been accused of refusal . Case is long over and I accepted the guilty plea . If the have a bac reading where the justification to back up claim I refused which clearly I didn't

 

[quincy]

I only found out today from dmv that I have been accused of refusal . Case is long over and I accepted the guilty plea . If the have a bac reading where the justification to back up claim I refused which clearly I didn't

And so you want to fight the 2 year driver license suspension because you did not, in fact, refuse a breathalyzer?

If your case is "long over," I am not sure what you can do now to get a restricted license, if that is your goal. When you have a BAC as high as yours, and especially if this was not your first offense, there can be enhanced punishments, including longer license suspensions - this whether you refuse a breathalyzer or not. In other words, there does not need to be a refusal for "justification" of the suspension. Your BAC was justification enough.

At any rate, what exactly is your goal?

 

[CdwJava]

I only found out today from dmv that I have been accused of refusal . Case is long over and I accepted the guilty plea . If the have a bac reading where the justification to back up claim I refused which clearly I didn't

AFTER you were arrested, did you agree to the offered chemical test of either breath or blood? If it was breath, did you complete TWO blows that registered with valid results?

Where did the .21 BAC come from, if not from blood or breath?

So you know, if you took a PBT (aka PAS) test in the field as one of the field sobriety tests, that is NOT the mandatory test and if arrested for DUI you still must complete the mandated chemical test.

 

[Johnquinn]

I carried out field sobriety test . Blew twice at duo stop and gave blood at station . At no stage did I not comply or refuse . In court I took the plea offered to avoid trial but I didn't realize I was been accused of refusal to test . Isn't my bac result proof that I complied .

 

[Johnquinn]

.21 came from blood test

 

[Johnquinn]

My goal is to have my license (restricted or not ) reinstated as I have served the one year hard suspension

 

[CdwJava]

I carried out field sobriety test . Blew twice at duo stop and gave blood at station . At no stage did I not comply or refuse . In court I took the plea offered to avoid trial but I didn't realize I was been accused of refusal to test . Isn't my bac result proof that I complied .

The fact they TOOK blood does not mean you complied. At .21 you may have been kinda looped. How much detail do you recall from tjat night? Did they have to obtain a warrant for your blood? Did you TRY to complete a breath test but fail?

You can always get a copy of the case file from the court which may include the police report, and then present that to the DMV in an appeal of their decision. The refusal may have been an error on someone's part, or, you are reading something wrong. I assume you obtained some paperwork documenting the refusal or the cause for the suspension, correct?

If not, then your license printout WILL have the Vehicle Code section authorizing the suspension. What is that code section?

 

[quincy]

My goal is to have my license (restricted or not ) reinstated as I have served the one year hard suspension

Did your plea agreement include an extended suspension and/or have you had other alcohol or other criminal offenses that were considered?