Following a lawful arrest for DUI, a licensee is under an obligation to submit to a chemical test. The licensee has the choice of blood or breath. Urine is no longer a choice unless the DUI is based on drugs. If a person refuses to submit to a test, the DMV may suspend that persons privilege to drive for one year (or two years if there are prior convictions or DUI suspensions within ten years).

However, a refusal is not properly found where evidence establishes that the licensee suffered a head injury that made him incapable of refusing. The case on point is Hughey v. DMV (1991) 235 Cal.App.3d 752. The licensee in this case suffered a fractured skull as a result of an accident that led to the DUI arrest. He displayed belligerent behaviour at the scene which a neorologist testified to as being consistent with his physical injury such that he was deemed incapable of refusing.

If you are facing a DMV hearing based on a chemical test refusal and you believe that, as a result of a medical condition you were incapable of refusing, please contact Los Angeles and Orange County DMV lawyers Gold and Witham for a free consultation. Time is of the essence in defending the DMV case as a DMV hearing must be requested within ten days of the DUI arrest.