Breath Test Refusal

Board-Certified DUI Lawyer in San Diego

Under California law, you must submit to a breath test or blood test upon request after being arrested. If you are stopped on suspicion of DUI, the police may ask you to do a breath test. If they ask before arresting you, the test is optional and you may decline. However if they then arrest you and ask again, this time you must agree. If you refuse, they will send a notice to the DMV who will proceed to suspend your license up to a year. At trial on your DUI charge you are liable for enhanced penalties for the refusal. You have defenses though you need a strong and competent attorney to present them. To protect your license and your freedom, you are urged to contact a San Diego DUI lawyer.

San Diego DUI Attorney

At JD Law - Criminal Defense Specialists, clients receive vigorous defense against license suspension for breath test refusal. Our lead San Diego DUI attorney, one of the few Board Certified Criminal Law Specialists in the state, has defended clients in the San Diego area for over 22 years. He is well respected in the legal community and is often asked to lecture other lawyers on his techniques for cross-examination of police.

Defense Against Breath Test Refusal Charges

The first action is to defend the client at the DMV hearing in San Diego on the test refusal. He may challenge license suspension on grounds of illegal stop and failure of police to fully explain the consequences of refusal of the test. He also may question whether the police persisted adequately in seeking the client's agreement to do the test.

Additionally he represents the client at the criminal case on DUI charges. As the prosecution does not have breath test results, they often rely on field sobriety test results or police officer observations to substantiate the charges. With proven skill in cross examination, Mr. Dicks exposes police mistakes in administration of tests and vagueness and inaccuracy in their observations.

If you are facing license suspension, you have only 10 days from date of arrest to appeal. You owe it to your future to have superior legal defense. Contact us now for a free consultation.

Contact a DUI lawyer in San Diego at the firm for aggressive defense against breath test refusal charges.