If you’re a driver in California, you are legally required to take a chemical test if arrested for drunk driving. If you are currently in trouble for refusing a DUI test, you need to speak to a Huntington Beach DUI lawyer immediately.
Refusing to take a DUI is a crime that can be met with punishments separate from those of a DUI conviction. You need an experienced Huntington Beach DUI refusal lawyer who can run a defense and protect your rights and privileges to the greatest possible extent.
This is where Los Angeles DUI Lawyer steps in. We are a legal resource with nearly two decades of combined experience helping people find skilled representation when facing DUI charges. Call today to get connected with a lawyer who can lead your defense.
Refusing a DUI Test Is a Crime in California
California has implied consent laws that require all drivers to submit to a chemical test if they are arrested for drunk driving. According to California Vehicle Code 23612, any time you get behind the wheel, you are tacitly giving your consent to be checked for drunk driving if the police have a reasonable suspicion about your condition.
The DUI test is either a chemical breath test or a blood test. If a blood or breath test is unavailable or you are unable to take them, then a chemical urine analysis is required instead.
Specifically, a DUI refusal charge is an enhancement. It goes along with a DUI charge and does not stand on its own as a crime. The following elements must be true to be convicted of refusing a DUI:
- You were lawfully arrested on suspicion of drunk driving.
- The officer notified you of the consequences of refusing to take the test.
- You refused to take the test.
Punishment for DUI Refusal in Huntington Beach
If you refuse a DUI test when legally required to take one, you will automatically receive a license suspension for one year. For a second and third refusal, the license revocation period jumps to two and three years, respectively.
If you are convicted of a DUI, you will also spend a mandatory 48 hours in jail and have to take a nine-month alcohol education course. Note that these penalties are in addition to any other penalties from being convicted of a DUI.
What Counts as a Refusal?
In the context of a DUI test, a “refusal” is any attempt to get out of taking a test or make the results unusable. You don’t have to literally say the words “I refuse” to get in trouble for refusing a test. Any of the following behaviors could count as a refusal:
- Explicitly stating you won’t take the test
- Putting conditions on taking the test (e.g., “I’ll only take it with my lawyer present.”)
- Not blowing hard enough to register
- Remaining silent when requested to take a test
- Stalling or delaying taking the test
Note that you don’t have the right to an attorney present before taking the test.
You Can Refuse a Test Before You’re Arrested
When you are initially pulled over, the police may ask you to take a roadside preliminary alcohol screening (PAS) test. This is the test where they will ask you to blow into a device on the side of the road.
Since you haven’t been arrested yet, you legally can (and should) refuse to take a PAS test. Refusing to take a preliminary roadside test is not illegal, and your refusal cannot be used as evidence against you in a trial. In contrast, a PAS test can be used as evidence against you in a DUI case.
Defenses to DUI Refusal Charges
Below are some of the most common strategies a Huntington Beach DUI refusal lawyer can use to defend you against criminal charges:
- You were illegally arrested. You are only required to submit to a DUI test if you have been lawfully arrested for driving drunk. If the police pulled you over without a valid reason or otherwise violated your rights when you were arrested, you can’t get in trouble for refusing to take a DUI test.
- You weren’t intoxicated. A DUI refusal is an enhancement charge that must be accompanied by a separate DUI charge. If you weren’t intoxicated and can’t be charged with a DUI, you also can’t be charged with a refusal to take a test.
- Police didn’t give you sufficient warning. The text of California’s DUI refusal laws requires the police to notify you of the consequences of refusal. If the police didn’t tell you that failure would lead to criminal sanctions, your lawyer could move to have the charges dismissed.
Contact a DUI Refusal Lawyer Serving Huntington Beach Today
A DUI refusal is a serious charge that can generate serious consequences, so you need a lawyer who can protect your rights. Time is of the essence in DUI cases, so don’t delay seeking legal representation. Contact Los Angeles DUI Lawyer today to get in touch with a Huntington Beach DUI refusal attorney.
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