ryan-w-koppelman-law-pc

Refusing a Chemical Test

Tue, 06 Oct 2026 23:52:01 GMT

What It Really Costs You

If you refuse a breath or blood test after a DUI arrest in California, the consequences are immediate and serious—and a lot of people don’t fully understand what they’re agreeing to at that moment.

IMPLIED CONSENT

In California, by driving, you’ve already agreed to what’s called implied consent. That means if you’re lawfully arrested for DUI, you’re required to submit to a chemical test. You may have the option of breath or blood but you cannot refuse if there is only one option available.

CONSEQUENCES

If you refuse, for a first offense, you’re looking at a 1-year license suspension. For a second offense, it’s typically 2 years. And these are hard suspensions, meaning no restricted license in most cases.

KNOWING REFUSAL ISSUE

But the DMV still has to prove that your refusal was knowing. That means the officer has to properly advise you of the consequences of refusing. If that warning wasn’t clear or properly given, that can be a defense at the DMV hearing.

CRITICAL NEED LICENSE

In some limited situations, you may be able to apply for what’s called a critical need license but that’s a separate process, and it’s not guaranteed.

Refusal cases are some of the toughest DMV cases, but they’re also very technical. If you’re facing one, you want an attorney that will look closely at exactly what happened during that stop.

You Have 10 Days After a DUI Arrest

Tue, 06 Oct 2026 16:56:01 GMT

Here’s What Most People Miss

10-day deadline: Request DMV Hearing

After a DUI arrest in California, you have just 10 days to protect your license and most people miss it. If you do nothing, your license can be automatically suspended. Let me explain exactly what’s going on and how to protect yourself.

When you’re arrested for DUI, the officer takes your physical license and gives you a pink sheet. That pink sheet is not just paperwork, it’s actually your temporary driver’s license. It’s valid for 30 days from the date of arrest. After that, if nothing is done, the DMV can suspend your license automatically.

But here’s the critical part, within 10 days of your arrest, you have to contact the DMV and request a hearing. If you don’t do that within 10 days, you lose your right to challenge the suspension, and it can go into effect automatically after the 30 days.

why requesting a DMV hearing matters

It stops the automatic suspension and extends your ability to drive until the hearing is decided.
It gives you early discovery. That means you get police reports and evidence before your criminal case really gets going.
It gives you a chance to actually win and avoid the suspension entirely. The DMV has to prove their case, and sometimes they can’t.

If you’ve been arrested for DUI in LA County, Orange County, San Bernardino County, or Riverside County, this is one of the first and most important steps to protect your license. If you have questions about your specific situation, give us a call, this is something you want to get right early.

First DUI License Suspension

Mon, 28 Sep 2026 17:16:07 GMT

What Actually Happens

If this is your first DUI, your license is at risk, but a lot of people don’t understand what the suspension actually looks like or what your options are. Let me break it down clearly.

base suspension

For a first-time DUI, the DMV administrative suspension is typically 4 months. But if you’re later convicted in the criminal case, that can extend to an additional 6-10 months. Different rules apply according to multiple factors such as if you're under 21 or if you refused the chemical test.

TWO PATHS – WORK RESTRICTED VS IID

You generally have two options to keep driving:

Option one is a work-restricted license.

The Work-Restricted license allows you to drive to and from work and your DUI program. But there’s a catch. You usually have to serve a 30-day hard suspension first where you can’t drive at all.

Option two is an IID-restricted license.

The IID-Restricted license allows you to drive anywhere, anytime but you have to install an ignition interlock device in your car. The big advantage here is that in many cases, you can avoid the 30-day hard suspension and start driving immediately with the IID.

requirements

To get either option, you'll need:

Enrollment in a DUI program
An SR-22 insurance filing
Payment of DMV reinstatement fees

These are mandatory before the DMV will give you any restricted license.

reinstatement

Once your suspension period is over and you’ve completed the requirements, you can fully reinstate your license.

But timing and compliance matter, mistakes here can delay things longer than necessary.

The right option depends on your situation, your job, and your priorities. If you’re dealing with this in LA County, Orange County, San Bernardino County, or Riverside County, give us a call to get clear guidance early.

How Much Is Too Much To Drink?

Mon, 21 Sep 2026 20:31:43 GMT

Drinking alcohol affects your blood alcohol concentration (BAC)

You decide to have an alcoholic drink after work with a friend, co-workers, or at your home office. Then you remember you have to drive somewhere afterward and you wonder, how much alcohol is too much?

The California Highway Patrol states:

It is illegal to drive with a BAC that is 0.08% or more (0.04% or more if you drive commercial vehicles; 0.01% or more if under 21). However, a BAC below .08% does not mean that it is safe or legal to drive.

Remember: "One drink" is:

A 1 1/2-ounce shot of 80-proof liquor (even if mixed with non-alcoholic drinks),
A 5-ounce glass of 12% wine, or
A 12-ounce glass of 5% beer.
These "One drink" equivalents change if you are drinking ale, malt liquors, fortified wines, port, brandy, different proof liquor, or if you are drinking on an empty stomach, are tired, sick, upset, or have taken medicines or drugs.
(.01% - .04%) May be DUI: Anyone, after one drink during a two-hour period - and people weighing 170 pounds or more, after two drinks.
(.05% - .07%) Likely DUI: People weighing less than 170 pounds, after two drinks - people weighing 150 pounds or more, after three drinks - and people weighing 190 pounds or more, after four drinks.
(.08% - UP)
Definitely DUI: People weighing less than 150 pounds, after three drinks - people weighing less than 190 pounds, after four drinks - and anyone, after five drinks.

Don't Take The Risk If You're Going To Drink...

Designate a sober driver.
Call a cab.
Stay at your home or hotel.
Call a friend or family member.

DUI Takes Its Toll...

An estimated 30 percent of Americans will be involved in an alcohol-involved traffic collision in his or her lifetime.
Over 17,000 people are killed every year in alcohol-related traffic collisions.
One American life is lost every 22 minutes in an alcohol-related traffic collision

Open Container of Alcohol

It is illegal for an owner or driver to keep an open container of alcohol in a vehicle except in the trunk or other area out of the immediate control of the occupants. It is also unlawful for passengers to possess an open container of alcohol.