In California, you are legally required to submit to a chemical breathalyzer or blood test if you are arrested on suspicion of drunk driving. If you’ve been charged with refusing a test, you need to speak to a Downey DUI refusal lawyer as quickly as possible.
Penalties for DUI refusals are separate and stack with those from a DUI conviction, so you could be facing a harsh punishment. Los Angeles DUI Attorney can connect you with a Downey DUI lawyer who can protect your freedoms and privileges.
Every second you wait can harm your case, so don’t delay; send us a message today.
California Is an Implied Consent State
Under California’s implied consent law, you are deemed to have given consent to a chemical blood or breath test if you are lawfully arrested on suspicion of driving under the influence.
You must generally choose between a blood or a breath test. A urine test is only permitted under narrow circumstances, such as when both blood and breath tests are physically unavailable, or if a drug DUI is suspected and a blood draw is impossible. Since a DUI refusal is an enhancement charge, it stands in conjunction with a DUI conviction.
Three things must be true to get in trouble for a DUI refusal:
- The police arrested you lawfully for drunk driving.
- The police explained the legal consequences of not submitting.
- You refused to take the chemical test.
Penalties for a DUI Refusal in Downey
If you refuse a required chemical test, you face an administrative driver’s license suspension, subject to the DMV’s administrative process and any available hearing rights. This suspension is separate from any additional suspension that you receive for being convicted of driving under the influence (DUI).
The penalties for repeat offenders are greater. A second-time DUI refusal can result in a two-year license suspension, while third and subsequent refusals can be met with longer bans.
That’s not to mention the consequences of a DUI conviction. A DUI can carry up to six months in jail and a fine of up to $1,000. You may also be required to install an ignition interlock device (IID) for six months.
Behaviors That Can Count as a Refusal
Any behavior that aims to delay the test or confound its results can count as a refusal. You don’t have to literally say the words “I refuse” to get in trouble for refusing to take a DUI test.
The following behaviors could be interpreted as a refusal:
- Blowing too lightly to trigger the test
- Asking repeated questions
- Intentionally not following test directions
- Being argumentative with the responding officer
- Putting conditions on taking the test
You also don’t have the right to an attorney when law enforcement requests that you take a test. If you decline to take the test, your refusal can serve as incriminating evidence that you were guilty of driving drunk.
Can I Refuse a Test After I’ve Been Pulled Over?
When police initially pull you over, they may request that you take a breathalyzer test with a portable device right there on the side of the road. This is called a preliminary alcohol screening (PAS).
Unlike a test after arrest, you can refuse a PAS without penalty. The police can still arrest you on suspicion of drunk driving, but you won’t get in trouble for refusing to take a PAS test alone.
There are a few exceptions to this rule: you cannot refuse a PAS test if you are under 21 years old or if you are serving probation for a prior DUI conviction.
Fighting a DUI Refusal Charge
There are a handful of strategies that a Downey DUI refusal lawyer can use to defend you against criminal charges for refusing to take a test:
Illegal Arrest
The police can require you to take a DUI test only if you’ve been legally arrested. If the arrest was unlawful, the implied consent law may not apply, providing a basis to challenge the refusal allegation and any related administrative penalties or DUI sentencing enhancement.
No Warning Given
Police must also clearly notify you of the consequences of refusing a test. A lawyer could have your charges dismissed if the responding officer didn’t give you sufficient warning of the penalties.
Challenging the Refusal Due to Medical Inability
While specific medical issues like hemophilia can legally rule out a blood draw, or severe respiratory conditions can prevent a proper breath sample, they do not exempt you from testing entirely.
If a driver cannot safely complete one method, law enforcement must offer an alternative, such as a urine test, rather than a total exemption.
Contact a DUI Refusal Lawyer Serving Downey Today
If you’re facing penalties for refusing a DUI test, it’s important that you work quickly with a lawyer to create a strong defense. Hiring a lawyer will give you the best chance of preserving your liberties to the maximum possible extent.
Contact Los Angeles DUI Attorney online by filling out our contact form, and we can put you in touch with a DUI lawyer serving Downey today. Time is of the essence in these cases, so don’t hesitate to reach out.
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