DMV Refusal Hearings

A refusal to submit to a chemical test following a DUI arrest in California normally results in a one year license suspension. However, the courts have decided that an arrestee is not deemed to have refused a chemical test merely because he demands to see a blood technician's credentials prior to submitting to a blood test.

In the case of Ross v. DMV (1990) 219 Cal. App 3d 398, the blood technician turned up wearing jeans, a wrinkled shirt and looked like he had just gotten out of bed. Alarmed by the technician's disheveled appearance, the arrestee, Ross, requested to see his qualifications. The arresting officer informed Ross that he was not entitled to see the technician's credentials and offered a breath or urine test instead. Ross stated that he wanted to submit to a blood test but insisted on seeing the cresentials of the blood tech.

The Court held that it was reasonable for the arrestee to request to see the blood tech's qualifications and that the request was not burdensome. The suspension based on the refusal was set aside.

If you have been arrested for a DUI in Los Angeles or Orange County, it is imperative that the correct Driver Safety Office of the DMV be contacted within ten days of the date of arrest to request a stay of suspension and a DMV hearing. Nigel Witham and Jeffrey Gold are experienced DMV defense lawyers who have a professional reputation with the DMV and who know how to win DMV hearings.


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