A San Diego DUI Attorney Providing Proactive Defense For Refusal Of A Chemical Test
Last updated on December 5, 2025
In San Diego, a DUI with a chemical test refusal is one of the most severe scenarios for misdemeanor DUI charges. Refusing the chemical test results in a one-year driver’s license suspension with no restricted license. The DMV does not care if you:
- Need your car for work
- Take the kids to school
- Go to medical treatments
If they find there was a refusal, then they suspend your license for one year with no chance of a restricted license. What does this mean? Well, it means you’d better roll up your sleeves and win the DMV hearing! Call our office now for a free consultation at 858-429-9982.
The key is to be proactive and get as much evidence to examine. This includes video and police reports. The refusal is only valid if the officer follows the proper procedures and explains in full the rights and obligations of the driver. The premise of the punishment is that someone understood their obligations as a driver and willfully refused.
Refusing A Chemical Test
In many states, you have the right to refuse a chemical test without any other punishment. In California, implied consent means a person agrees to submit to a chemical test after a DUI arrest. However, refusing the test may have unintended consequences. However, there are many situations where police believe you refused the chemical test when you did not.
The Law Offices of Mark Deniz APLC has represented numerous clients who have dealt with DUI refusal situations and have obtained favorable results. Our founder, Mark Deniz, spent nearly 10 years as a deputy district attorney for the state of California. Now, he provides aggressive criminal defense for clients who find themselves in a very serious situation.
What Happens If You Refuse A Chemical Test?
When you drive a vehicle, you give your implied consent to take a blood alcohol content (BAC) test. If you refuse, then the state can penalize you. These penalties can include the suspension or revocation of your driver’s license for one year. This revocation does not allow for a restricted or provisional license if the suspension is upheld. You may also have to pay an expensive fine. It could also add time to your sentence if you are eventually convicted of DUI and sentenced to jail time.
Fortunately, it is not always easy for the DMV and/or the court to prove that you refused to take the test. If you work with an attorney who can provide a strong DUI defense, you have a much better chance of avoiding negative consequences.
Contact Us For Proactive Criminal Defense
We provide free initial consultations. Contact our firm in San Diego to get an assertive, strategic defense. Call our firm at 858-429-9982 or send our firm an email.