4 ms·
Are there really jurisdictions in the US where the penalty for refusing a chemical test are worse than DUI? That doesn't seem right.
by i_am_jl 3y ago
Are there really jurisdictions in the US where the penalty for refusing a chemical test are worse than DUI? That doesn't seem right.
- aidenn0 3y agoCalifornia for one: https://www.shouselaw.com/ca/dui/laws/chemical-test-refusal/ https://www.shouselaw.com/ca/dui/laws/chemical-test-refusal/
- i_am_jl 3y agoNo, the penalties for first DUI are far more harsh than test refusal in CA. Test refusal with 0 DUIs: 48 extra hours in jail; six extra months of required DUI school; 1-year driver’s license suspension 1st misdemeanor DUI: up to 6 months in jail, $390-1000 fine, 6 months IID, 3-9 months of DUI school.
- aidenn0 3y agoJust refusing the test with 0 DUIs is a mandatory license suspension (even if you are not convicted of a DUI), while you can have multiple DUIs without license suspension.
- i_am_jl 3y agoNo, first offense DUI in California mandates a license suspension: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=VEH&division=6.&title=&part=&chapter=2.&article=3 https://leginfo.legislature.ca.gov/faces/codes_displayText.x.... California's DMV will allow people with a suspended license to drive after they've installed an IID in their vehicle, so most lawyers' websites list that as a penalty instead of a 6 month license suspension.
- aidenn0 3y agoThanks for the correction, I was unaware.
- mordechai9000 3y agoYou are correct for Washington state, at least. I looked it up and the harsher penalties only take effect if you are convicted after a refusal.