DUI Test Refusal - DMV Suspension

If you're pulled over and suspected of DUI, choosing not to take a chemical blood alcohol test (like a breathalyzer or blood test) can lead to your license being suspended, and there’s no way around it. For your first offense, this suspension lasts a year. If you’ve had a previous offense within the last 10 years, the suspension jumps to two years, and it extends to three years if you’ve had more than one prior offense.*

But don’t worry—you have the right to an Administrative Per Se hearing (APS) to try to get your driving privileges back. It’s important to act quickly; you need to request this hearing within 10 days of your arrest. The tricky part is proving that your suspension isn’t justified—specifically, showing that you weren’t lawfully stopped, arrested, or properly advised about the chemical test before refusing.

Of course, handling this on your own can feel overwhelming. That’s where Winfield Law comes in. With years of experience in DMV cases, we’re here to guide you through the process and hopefully help you get back behind the wheel sooner. Give us a call for legal support.

*See Section 13353.1 (2-3)