San Diego DUI Attorney Click here to be connected to our office
San Diego DUI Defense Attorney Home Attorney Profile Case Results Client Reviews Attorney Endorsements Case Evaluation Contact the Office of Michael J. Fremont




Click here to be Connected to the Office of Michael Fremont
DUI Overview
DMV Hearings
DUI Court Process
DUI Defense Overview
Field Sobriety Tests
Blood and Breath Tests
Alcohol Test Refusal
DUI Involving Accidents
Drugs and DUI
DUI Penalties
Prior DUI Conviction
Out of State Drivers
Stops and Check Points
Click Here to Visit Out Blog
Avvo Rating

Blood and Breath Test Refusals

Implied Consent and DUI in San Diego, California

California's "implied consent" law requires licensed drivers to submit to chemical testing after a lawful DUI (driving under the influence) arrest. Refusing a breath test, blood test or urine test will result in the suspension of your driver's license, even if you are not convicted of DUI in criminal court. This license suspension is considered separate from your DUI charges and may be addressed in a DMV hearing.

By contacting a San Diego DUI lawyer immediately, you can find out what can be done not just to challenge your DUI charges but to have your license reinstated as well, after a breath test or blood test refusal. You will have only 10 calendar days to contact the Driver Safety Office of the DMV in order to request a hearing - or you will lose your right to do so. As such, be sure you act quickly to retain legal counsel.

Although it is not necessary to have an attorney present at your DMV hearing, doing so can have a positive impact on the outcome. An attorney will know how to best present your case to the DMV hearing officer and can work to prove that:

  • You were not lawfully arrested (for example, due to lack of probable cause)
  • You actually did not refuse the breath test or blood test
  • You were not properly informed of the consequences of a refusal

San Diego DUI Attorney

Challenging your breath test refusal and working to get your license reinstated are your legal rights. By working with an experienced lawyer, you can maximize your potential at keeping your license and also reaching a better case outcome in criminal court.

See What attorneys and clients have to say about San Diego DUI Defense Attorney Michael J. Fremont click here. 

Attorney Michael J. Fremont has over twenty years of experience to put to work in defending your rights and driving privileges. Contact Michael Fremont today for a free consultation! (888) 908-1919