Have you been arrested for refusing to take a DUI test after being arrested for drunk driving? In California, you are required to submit to a chemical alcohol test if you’ve been lawfully arrested for a DUI. Refusing is a crime that can be met with harsh criminal sanctions.
An Irvine DUI lawyer can play defense on your side and protect your rights and privileges. There may be ways to argue against a DUI refusal charge that keep your license from being suspended or you from facing jail time.
Contact Los Angeles DUI Lawyer today. We have helped thousands of people in your situation, and we are here to be your legal resource. Our team will listen to your story and connect you with a skilled DUI refusal lawyer serving Irvine.
California Is an Implied Consent State
California has implied consent laws, which mean that all drivers automatically give their consent to a chemical alcohol test when they get behind the wheel of a car. According to California Vehicle Code 23612, if you are lawfully arrested for drunk driving, you are legally required to take a DUI test when requested.
When you get arrested, you have a choice of a blood or breath test. If you are unable to take either a blood or breath test for whatever reason, you can submit to a chemical urine analysis instead. For instance, some people have conditions or take medication that make blood or breath tests impractical.
Penalties for Refusing a DUI Test
Refusing a DUI test is itself a crime that is separate from any DUI charges you may face. The basic consequences of refusing a DUI are that you will have your license suspended and face enhanced penalties for a DUI conviction.
More specifically:
- Your license will be automatically suspended for one year.
- You’ll spend a mandatory 48 hours in jail (for a first offense)
- You’ll have to take nine months of alcohol education.
Note that these punishments are in addition to any punishments for being convicted of a DUI.
What Counts as a DUI Test Refusal?
Once you are arrested, you can get in trouble if you refuse to take a chemical DUI test. Refusal could mean any of the following behaviors:
- Explicitly claiming you won’t take a test
- Blowing too low for the breathalyzer to detect
- Refusing one test but not submitting to another
- Remaining silent when asked to perform a test
- Setting conditions for taking the test
- Not following test directions intentionally
The police can interpret any behavior that is evasive or stalling as a refusal, even if you don’t explicitly say the words “I refuse.” Since California has implied consent laws, you are not entitled to talk or consult with your lawyer before taking the test—you must take it when asked.
You Can Refuse a Preliminary Alcohol Screening (PAS) Test
You cannot refuse a DUI test if you’ve been arrested for drunk driving. However, you can refuse a preliminary alcohol screening (PAS) test without penalty. This is the small handheld breath test the police may request you to take after pulling you over.
Since you haven’t been arrested, you can (and should) refuse a PAS test without penalty. Refusing this test can’t be used as evidence of guilt in a DUI, but the results of a PAS test can be used against you, so refusing is usually the smartest decision.
However, you cannot refuse a PAS test if either of the following is true:
- You are under 21 years old.
- You are on probation for a previous DUI.
Defenses to DUI Refusal Charges in Irvine
Below are some common strategies an Irvine DUI refusal lawyer could use to defend you against the charges:
- Illegal arrest. You are only required to submit to a DUI test if you’ve been lawfully arrested. If the police stopped you illegally or otherwise violated your rights, your attorney could petition to have the DUI charge and refusal charge thrown out of court.
- Insufficient warning. DUI refusal laws require the responding officer to notify the defendant of the legal consequences of refusing a test. If the officer didn’t inform you of the penalties, a lawyer could work to have the charge dismissed.
- Not intoxicated. A DUI refusal charge can only stand with a separate DUI conviction. If you weren’t intoxicated or driving drunk, then the DUI refusal charge can’t stand on its own and will be dismissed.
- Medical condition. You may refuse certain types of tests if you have a valid medical condition or are otherwise incapacitated. However, the condition cannot be self-induced, like voluntary intoxication.
Get Connected With a DUI Refusal Lawyer Serving Irvine
If you’re facing a criminal charge for refusing a DUI, it’s important that you act quickly to secure legal representation. The courts and prosecution will not be easy on you, so you need a lawyer willing to stand up for your rights and provide an aggressive DUI defense.
Contact Los Angeles DUI Lawyer today to get connected with a DUI refusal lawyer serving Irvine.
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