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.
- The law requires that a suspect be admonished about their requirements. The officer must advise the person 3 things.
- The officer must tell the person they will lose their license for up to 3 years
- 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
- 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.