Reader’s Question:

My brother was arrested for drunk driving just two days ago in Los Angeles, California but I was out of state. I haven’t gotten the chance to talk to him or to anyone after he was bailed out. Someone just mentioned to me that he refused to take the breath test. What happens to him now because of his refusal to take the breath test?

Hayden

Los Angeles, CA

Since your brother was driving on a public highway in Los Angeles, California and was arrested for drunk driving, his driver’s license will be suspended for one year because of his refusal to do a breath test. The breath test refusal can also be used against him in court. Many times, it is possible to take administrative legal action to regain his driver’s license and there are many legal reasons why someone would not want to blow into a breathalyzer.

Furthermore, even if the one-year driver’s license suspension is maintained, that suspension is so much better than a DUI conviction. A person should never take a breath test, especially without an attorney present. That being said, even if your brother blew well above the legal limit, there are many ways to fight his DUI charge in Los Angeles. At this point, you have to make sure that you hire a DUI lawyer to help your brother defend his DUI charge. The DUI lawyer would guide him through the proceedings and help clarify the severity of charges brought against him. An experienced Los Angeles DUI lawyer can definitely look at several ways to attack your brother’s DUI charge.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer