California has something called an “implied consent” law. This means if you are arrested for driving while intoxicated, it is implied that you have consented to a blood or breath test. Your refusal can trigger a suspension of your driver’s license. You may be able to avoid that license suspension, however, if you can show the DMV that your failure to provide a sample was due to a medical ailment not related to your intoxication. To make this argument, you’ll need to request a DMV hearing within 10 days of your arrest. Given the importance of driving privileges to most any Californian, a potential suspension is a very serious punishment and requires prompt and serious action, including retaining a skilled San Francisco DMV defense attorney.
R.G.’s case was one that involved a license suspension. R.G.’s encounter with a deputy sheriff began with a traffic stop for failing to lower his high-beam headlights. Things got worse for R.G. The deputy detected what he believed to be bloodshot, watery eyes and droopy eyelids. The deputy also perceived what he believed to be the smell of alcohol. R.G. performed some field sobriety tests and performed poorly. R.G. declined to take preliminary alcohol screening.
The deputy then gave R.G. the implied consent advisement and explained blood and breath tests. The driver chose a breath test but was unsuccessful in providing a sufficient breath sample. A phlebotomist arrived after that, but R.G. refused a blood test, according to the department. He also allegedly refused to take another breath test.