Refusing a chemical test after a DUI arrest in California triggers a license suspension that is separate from, and harsher than, the one tied to your blood alcohol level. A DUI chemical test refusal DMV hearing lawyer can challenge the evidence in your case and argue that the suspension should be set aside.
The Law Office of Rodney Gould represents California drivers at DMV hearings after an alleged DUI test refusal. Call (818) 981-1760 or use our online form for a confidential consultation.
Why Choose the Law Office of Rodney Gould for a Chemical Test Refusal Hearing
The Law Office of Rodney Gould handles California DMV administrative hearings as a core part of our practice. Chemical test refusal hearings follow their own rules under the state’s implied consent law, and that focus is what a driver needs when a license is on the line.
Experienced With DMV Hearings
Our firm works inside the DMV administrative process every week, from the Los Angeles-area Driver Safety Office to hearings handled by phone across the state. That familiarity with how the DMV runs a refusal hearing shapes every case.
Statewide California Representation
DMV Driver Safety Offices sit in cities from Van Nuys to Sacramento, and many refusal hearings happen by telephone. The Law Office of Rodney Gould represents drivers throughout California.
Direct Access
You get direct access to your lawyer. Attorney Rodney Gould, who handles your refusal hearing, is the one you speak with directly. Your questions don’t get routed through a rotating team.
Call (818) 981-1760 or reach out through our online contact form to start your defense.
What Is a DUI Chemical Test Refusal Hearing in California?
A DUI chemical test refusal hearing is a DMV proceeding that decides whether your license gets suspended for declining or failing to complete a required breath or blood test after a DUI arrest. It’s governed by California’s implied consent law, Vehicle Code section 23612, which requires drivers lawfully arrested for DUI to submit to chemical testing.
This hearing is separate from your criminal DUI case and from the standard Administrative Per Se suspension that applies when a test shows a blood alcohol level of 0.08% or higher. A refusal carries its own DMV suspension or revocation, so the DMV side needs attention right away.
What Are the Penalties for Refusing a Chemical Test?
Refusing a chemical test carries a longer suspension than a first failed test, and a refusal suspension doesn’t allow the restricted “to and from work” license available in some other DUI cases.
Under Vehicle Code section 13353, the length climbs with qualifying prior DUI offenses or refusal-related actions within ten years, and the DMV action is separate from whether the criminal court convicts you.
Since the numbers turn on your record, it helps to see how a refusal escalates:
- First Refusal: A one-year suspension.
- Second Refusal or Qualifying Prior: A two-year revocation when you have one qualifying prior within 10 years.
- Third Refusal or Two Qualifying Priors: A three-year revocation when you have two or more qualifying priors within 10 years.
How Do You Request a Chemical Test Refusal Hearing?
You request a chemical test refusal hearing by contacting the DMV within 10 days after receiving the suspension or revocation order. The officer who arrested you will often take your license and give you a temporary license and notice of the DMV action. Miss the deadline, and you can lose your right to a hearing.
A DUI chemical test refusal DMV hearing lawyer can file that request, protect your right to a stay when the statutory requirements are met, and obtain the evidence the officer submitted. Acting within the 10 days is critical while you’re also dealing with the criminal charge.
The Administrative Per Se DUI hearing runs on the same 10-day hearing-request deadline, so a driver facing both allegations can’t afford to wait.
What Does the DMV Have To Prove at Your Hearing?
The DMV must establish specific facts to uphold a refusal suspension, and each one gives your defense a place to challenge the evidence. The hearing focuses on the circumstances of the arrest, the warning you received, and whether you actually refused or failed to complete the required test.
Here are some angles your DUI chemical test refusal DMV hearing lawyer can look into:
- Reasonable Cause: Whether the officer had reasonable cause to believe you were driving under the influence.
- Lawful Arrest: Whether you were lawfully arrested.
- Proper Admonition: Whether the officer told you that refusing or failing to complete the test would result in a suspension or revocation.
- Actual Refusal: Whether you refused or failed to complete a required chemical test after the officer requested one.
Our Recent Client Results
Past results do not guarantee or predict a similar outcome in any future case. Every DMV matter depends on its own facts and circumstances.
Why Is a Refusal Hearing Hard to Win Alone?
A refusal hearing puts the driver in an administrative process run by the DMV rather than before a judge in criminal court. The DMV hearing officer considers the department’s evidence and decides whether the suspension or revocation is justified, while administrative evidence rules differ from those used in a criminal trial.
The Law Office of Rodney Gould can challenge the arrest reports, subpoena witnesses when appropriate, question the arresting officer, and build a record around each fact the DMV must establish.
A driver handling the hearing alone might not know how to challenge the officer’s warning or the evidence used to characterize the encounter as a refusal. A DMV hearing lawyer can close that gap.
What Clients Say About Rodney Gould
Rodney and his team are excellent! They walk you through the entire process step by step, and answer all your questions in terms that the average person can and will understand. The best part about my experience is that they're gay friendly. Check them out for yourself.
~ M. C.
Rodney and his firm have provided legal services for our family for years. He's provided estate planning, preparing and executing our will and family trust as well as consulting on real estate transactions and most recently settling a contract dispute. We highly recommend his services. You can completely trust Rodney's...
~ K. and B. C.
Rodney Gould has represented many friends of mine, and all of us value his insight, efficiency, moral judgement, compassion and, of course, his legal knowledge. He has just handled a trust which named me Executor and he guided me through the process.
~ I. D.
An absolutely fabulous experience working with Rodney Gould! His professionalism and timely advice were very much appreciated. Both my adult daughter and I needed to create/update our wills and other health care documents. Rodney worked closely with our financial advisor and made the entire process very streamlined. Rodney is a...
~ A. L.
I lost my partner after 43 years together, and we were friendly with Rodney and his partner for years... but it was only after Bill's death did I REALLY NEED RODNEY... not only for a good friend, but needed him to advise me in all sorts of ways... to take...
~ G. B.
FAQ for a DUI Chemical Test Refusal DMV Hearing Lawyer
Do I Need a DMV Hearing Lawyer if I Already Have a Criminal Defense Attorney?
The DMV hearing and the criminal case are separate proceedings with different rules and deadlines. Some criminal attorneys don’t handle the administrative refusal hearing, and the 10-day request window can pass while attention stays on the court date.
Can I Still Be Suspended for Refusing a Chemical Test if the DUI Charge Is Dropped?
The DMV refusal action is separate from the criminal case, so dropping the criminal charge doesn’t automatically end the administrative suspension or revocation. Your refusal hearing still has to be addressed on its own terms.
Is a Preliminary Breath Test at the Roadside the Same as a Chemical Test Refusal?
For most adult drivers who are not on DUI probation, the preliminary alcohol screening test at the roadside is optional. The refusal addressed by California’s implied consent law generally concerns the required chemical test after a DUI arrest.
What if the Officer Never Warned Me About the Consequences of Refusing a Chemical Test?
A missing or inadequate warning can give you a defense at a refusal hearing. The DMV considers whether the officer told you that refusing or failing to complete the test would result in a one-year suspension or a two- or three-year revocation.
If the evidence doesn’t establish that warning, the DMV’s refusal case can fail.
Can I Get a Restricted License During a Refusal Suspension?
A refusal suspension under Vehicle Code section 13353 generally doesn’t qualify for the restricted license available for certain other DUI suspensions. That makes challenging the refusal action especially important for a driver who depends on driving.
Protect Your License Before the Clock Runs Out
When you need to protect your license, getting legal help is the first step. The Law Office of Rodney Gould can request your chemical test refusal hearing, take over the DMV side of your case, and go to work on the evidence right away.
Call (818) 981-1760 or use our online form to speak with a California DMV hearing attorney.