Los Angeles DUI
Los Angeles DUI Lawyer
Los Angeles DUI Attorney Law Firm Overview DUI Defense G & W Profiles California DUI Case Results Testimonials from Clients we've Defended Frequently Asked DUI Questions Contact Us
Watch our Informational DUI Defense Videos Instant Callback from Our Office DUI Defense Blog
Recent Posts
Categories
Archives
Areas of DUI Defense
You are in:
DUI Defense
Introduction
DUI Defense
DUI Overview
DUI Court Process
DMV Hearings
DUI Penalties
DUI Recommendations
Multiple DUI Arrests
Felony DUI
Under 21 DUI
Criminal Case
DUI Auto Accidents
DUI Causing Injury
Vehicular Manslaughter
Out of State Arrests
Drugs & DUI Arrests
Field Sobriety Tests
Breathalyzer Test
Blood Tests
Breath Test Refusals
DUI Expungements
Sobriety Checkpoints
Unlawful Police Stops
DUI Statistics
DUI Attorney Videos
DUI Attorney Videos
DUI Attorney Videos
DUI Attorney Videos




Representing Clients in ALL Los Angeles, CA Courts

Los Angeles DUI Attorney Blog

« Drug Diversion and DUI | Main  | DUI Acquittal and DMV »
  DMV Refusal Hearings

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

Categories: DMV Hearings

Posted By Los Angeles DUI Attorneys on April 28, 2009 05:12 pm | Permalink 

Don’t take any chances with your driving privileges, and don’t risk spending time in jail! Contact a Los Angeles DUI Attorney now at Gold & Witham, Attorneys at Law to find out how we can help you reclaim your most important possession: your peace of mind.

DUI Lawyer
California DUI Defense Information Center
Watch our DUI Defense Videos Instant Callback Los Angeles DUI Lawyer Long Beach DUI Lawyer
Los Angeles Defense Attorney Torrance DUI Lawyer
Orange County DUI Attorney DMV Hearings Defense