Ray Hrdlicka – Host – Attorneys.Media
“A lot of people are confused that…if I refuse these tests, that the officer is administering, at that moment, I’m going to lose my driver’s license.”
Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA
“And that’s not true. The big cut off point is after the arrest, if it’s after the arrest, then you’re going into the evidentiary test. And that’s the one that you will probably… if you don’t do it, you’re probably going to lose your license for one year. But again, they have to read, they have to let you know that. And that’s not generally used at the criminal side. There’s a bunch of new cases out there about getting the blood and the breath through coercive means, but generally that’s just on the DMV side. And in fact, I don’t suggest this… But I’ve had some cases where, in certain counties, if you refuse, they don’t get the blood, they don’t even go to get a warrant. And you, really, the criminal prosecution is very difficult at that point.
But most of the time what they’ll do is, they’ll read you the 23612 admonishment. You have a right. You’ve got to give me a blood or breath test, or you’re going to have your license suspended for 1, 2 or 3 years, etc. You’ve got to give that full litany. And then, if the guy says,
“well, no”,
“ok, well, we’re going to go get a warrant”,
and they go get the warrant from the judge. And then they use, in that warrant, they use all those field sobriety tests that you shouldn’t have taken but you did because you don’t know the law, as a basis, for the probable cause for that judge to give probable cause, to then get your blood. So, and then not only do they get the blood, but they also get the one-year suspension.”
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