Q: I refused to take a breath test, but the officer didn't tell me I'd automatically have my license suspended.
Is there anything I can do?
A:
Probably not. Refusal to take a breath test does indeed result in automatic license suspension under the Vehicle Code (section 13353(a)), even if you are found not guilty of DUI. The officer does have to tell you this, though, (section 23612(a)(1)(D)), but proving this will likely be very difficult. The officer will almost certainly he did tell you. You'll say he didn't so it will be your word against his.
The only thing I can think of is perhaps the officer had a body camera or body microphone. If you can get the actual audio recording of your arrest and there clearly is no point where the officer tells you about the consequences of refusing a breath test, you may be able to use that.
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