When you drive in Los Angeles, you are giving your implied consent to submit to an alcohol test if you are arrested for a DUI. Refusing a DUI test is itself a criminal act that can carry punishment separate from any DUI charge.
If you are facing criminal charges for refusing a DUI test, you need to speak to a Los Angeles DUI lawyer. There are strategies to defend against a DUI refusal, but you must act quickly and secure professional legal representation.
Contact Los Angeles DUI Attorney today, and we can connect you with a Los Angeles DUI refusal lawyer.
California Is an Implied Consent State
California is an implied consent state, which means that all drivers automatically give consent to chemical alcohol testing when they get behind the wheel of a car.
According to CVC 23612, if you are lawfully arrested for a DUI, you are legally required to submit to a chemical alcohol breathalyzer or blood test.
Punishment for Refusing a Breathalyzer Test in Los Angeles
Refusing a DUI test is itself a crime separate from any actual DUI charges. If you refuse a legally-requested DUI test, you could face the following criminal penalties.
- License suspension. If you refuse to submit to a lawful chemical DUI test, your license will automatically be suspended for one year. This is in addition to any license suspensions that may come from a DUI conviction.
- Jail time. Refusing an alcohol test can also result in a mandatory 48 hours in jail in addition to any prison time from any DUI conviction that may follow.
- Harsher penalties. If you have received prior DUI convictions, refusing a chemical test can result in harsher penalties for repeat offenses.
Note that individuals with blood disorders or those taking certain heart medications are exempt from submitting to a blood test. However, they must submit to an alternative test, such as a chemical urine analysis.
Prosecutors Can Use Your Refusal As Evidence of Guilt
One major outcome of refusing a DUI test is that it can hurt your chances in court. Prosecutors can use your refusal as evidence of your guilt. They can argue that you refused the test because you knew you were intoxicated and wanted to avoid the consequences.
Additionally, the court may take a harsher stance on you and be less willing to engage in plea agreements in exchange for lesser charges.
You Can Refuse a Preliminary Alcohol Screening
It is illegal to refuse a chemical DUI test after you’ve been arrested for a DUI. However, you are legally allowed to refuse a preliminary alcohol screening (PAS) test. This is a handheld breathalyzer test that the police may ask you to take when you are initially pulled over.
There are two exceptions, however. You cannot refuse a PAS test if:
- You are under 21 and suspected of driving drunk.
- You are currently on probation for a previous DUI conviction.
PAS tests are an optional test that police can use to determine whether to arrest you for a DUI. If you are not under 21 or on DUI probation, you can refuse the test, as it can be used as probable cause to justify your arrest.
Common Defenses to DUI Refusal
Below are some of the most common strategies a Los Angeles DUI refusal lawyer can use to defend you against the charges:
- Unlawful arrest. In California, police must have probable cause to pull someone over and arrest them for a DUI. In other words, police must have a clear and articulated reason why they pulled you over. If it’s discovered that the police illegally pulled you over or arrested you, DUI refusal charges can be dismissed entirely.
- Not impaired. Refusal charges only stick if you are proven to have been driving drunk. If you were not impaired when you were arrested, the refusal charge can’t stand on its own as a criminal charge.
- Not notified of consequences. California’s DUI laws required the responding officer to clearly explain the consequences of refusing a DUI test, including the one-year license suspension. If the police neglected to inform you, your lawyer could move to have the charge dismissed.
- Medical condition. If you have a specific medical condition that prevents you from taking the test, your lawyer can argue against DUI refusal charges.
If you would like to know more about potential defense, give us a call, and we can answer all your questions.
Contact a DUI Refusal Lawyer Serving Los Angeles
California takes DUI refusals extremely seriously, but there are options to protect your freedoms and liberties. A criminal defense lawyer can help defend you against the charges and work to preserve your driving privilege to the greatest extent possible.
Contact Los Angeles DUI Attorney today, and we can connect you with an experienced Los Angeles DUI refusal lawyer. Your choice of lawyer can mean the difference between beating the charges and facing the maximum punishment, so don’t delay.
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