When Is Failure To Blow A Refusal

California law dictates that anyone arrested for dui must submit to and complete a test upon request of a peace officer.  In kern county most cops will become very impatient when a subject does not blow hard enough into the machine.  The officer will quickly end the process and mark the person down as a refusal and take their license, but is it legally a refusal?  The answer depends largely upon the actions of the arresting officer and whether he complies with his duties after a failed breath test attempt.

  1. The law requires that a suspect be admonished about their requirements.  The officer must advise the person 3 things.
  2. The officer must tell the person they will lose their license for up to 3 years
  3. The officer must tell the individual that if they cannot complete their chosen test they must complete the remaining test or be deemed a refusal
  4. The officer must tell the a DUI suspect that they do not gave the right to speak to an attorney before deciding which test to take.

 

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