At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at abortellaw@gmail.com OR Call us at: (415) 523-7878

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Law Firm of Aaron Bortel

Preventing License Suspension – Navigating DUI Law Cases


Refusing A Chemical Test In A DUI CaseRead this article if you are interested in knowing:

  • The effect refusing a chemical test can have on your driving privileges.
  • Some of the differences between a court hearing and DMV hearing.
  • The brief timeline you have to work with if you do not want your license to be suspended.

What Happens To My Driver’s License If I Refuse A DUI Breath Or Blood Test In The San Francisco Bay Area?

What happens to your license if you refuse a DUI breath or blood test depends on at what stage in the process you refuse to take the test.

Before you are arrested, the police officer will typically ask you to do a preliminary alcohol screening (PAS) test. If you do and it finds that you are at or above the legal limit of 0.08, the officer will arrest you for DUI. After this, they must give you a blood or breath test.

If you refuse this next test, the officer is supposed to read you an admonishment, called implied consent. This makes explicit mention to the agreement you made to take a breath or blood test if arrested for a DUI when you signed paperwork to originally obtain your driver’s license.

If you refuse to take the chemical test after they read you the admonishment, you will potentially lose your license for a year or more.

It should be noted that your license will not necessarily be immediately suspended if you refuse to take the test. However, this assumes that you or your attorney request an administrative per se hearing within ten calendar days of your arrest.

Upon doing this, you will get a stay of suspension and a new temporary license will be issued by DMV. This enables you to get an extension on the period you can drive. Depending on your specific case with the DMV, this extension could last many months to well over a year. You will be limited to a 30-day temporary license if you do not get this.

Although you will have a court case where you also risk losing your license for a year or more, depending on the outcome, the bigger concern is usually the case with the DMV. This is because the DMV has a much lower burden of proof before they can take your license for refusing a chemical test after arrest.

This is not an ideal situation to be in at all. Although we have a track record of considerable success over the years, the odds of winning refusal cases against the DMV and saving your license are not great.

Having an experienced DUI Defense attorney in the San Francisco Bay Area on your side will give you the best chance to save your license.

Can I Get A Restricted Driver’s License After A DUI Charge In The San Francisco Bay?

Before diving into the details surrounding getting a restricted driver’s license after a DUI charge, let’s first address some context.

Nothing will happen to your driver’s license for ten days after your arrest, with day one being the day after your arrest. Within this period, you or your attorney can request an administrative hearing from the Department of Motor Vehicles. If you fail to make this request within the allotted ten days, the chance of getting a belated hearing is extremely low.

Requesting this administrative hearing will result in an extension to the 30-day “pink sheet” temporary license that the cops or the jail gave you. The stay of suspension you will receive legally allows you to continue driving while your case is going on.

If you do not get this done, your license will be suspended 30 days after your arrest. There is still a way to get a restricted license, even at this point. Getting one would require enrolling in a DUI school, having additional high-risk SR-22 auto-insurance, and getting an ignition interlock device installed on your car. We highly recommend consulting a lawyer experienced in DUI cases if you find yourself in this situation. The several moving parts involved in your situation will require the knowledge they would have.

With the guidance of a skilled attorney for DUI Cases, you can have the peace of mind that comes with knowing that you have experience in a complex legal world helping you through what is a frustrating and emotional experience.

For more information on DUI Defense in San Francisco Bay Area, an initial consultation is your next best step. Get the information and legal guidance you are seeking by calling (415) 523-7878 today.

Aaron Bortel

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