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May 26, 2017 | admin DUI Refusal and Administrative Hearing in Los Angeles
A DUI in California can carry serious penalties and is a result of your blood alcohol content (BAC) being 0.8% or higher. When a law enforcement officer pulls you over he does a series of sobriety test to determine if, you’ve been driving under the influence. A collision that results in the death of a pedestrian, driver, or passenger over the age of sixteen will require a field sobriety test. Drivers that refuse to take a field sobriety test may have their license immediately suspended and taken to jail. If you’ve been stopped or arrested for a DUI, a Los Angeles DUI attorney can help with your legal defense.
What Is A Sobriety Test
Before you’re giving a field sobriety test a law enforcement officer may carry out of series of mental and eye examinations. The most popular eye exam is the Horizontal Gaze Nystagmust Test that involves following an object with your eyes. If your eyes are jumping around and bouncing then the officer will suspect that you’re under the influence. This is often times the first test they will perform along with getting you to walk in a straight line or saying the alphabet backwards.
The One Leg test consists of standing on one leg for 9 seconds to determine if you’re under the influence of drugs or alcohol. When the driver loses balance and drops the leg the police may suspect that the driver is under influence and the driver can be arrested. However, the Rhomberg Test involves tilting your head back for thirty seconds and often times, drunk drivers will fall over. You may be asked to blow in a breathalyzer or submit to a blood test by a law enforcement officer, if you’re suspected of drunk driving.
What Happens When A Driver Refuses A Sobriety Test
When a driver refuses a field sobriety test will subject themselves to a variety of sanctions by the law. If you’re arrested, an officer can immediately take your license during the booking process and issue you an Order of Suspension for up to thirty days effective at the time it was issued to the driver. The amount of time your license will be suspended depends on the California DUI attorney that you choose to fight for your rights. Stiffer penalties are always handed down to first-time DUI offenders that refuse a field sobriety test to deter repeat DUI offenses.
The Administrative Process After You’ve Been Charged With DUI
Once you get out of jail an officer will issue you a summons to come to court (up to 2 months after you were arrested in California). You should always consult a legal professional to help you with your DUI case and don’t wait to long to avoid waiving your rights on your DMV suspension. They give you ten days to request an administrative hearing with the DMV to contest your license being suspended. The best way to ensure the maximum defense is by having an legal professional at your administrative hearing.
A DUI attorney in California has expertise in defending you in an administrative hearing, negotiating with the court, interacting with law enforcement, securing your license, and keeping you out of jail. Your attorney with collect evidence, write motions, and act quickly to keep your driving privileges in tack. They can also help you with points on your driving record and help prepare for your hearing which can assist in having the motion to suspend your license thrown out of court. Call a California attorney if you’ve been suspected or arrested for DUI today.