Los Angeles DUI Refusal

Chemical Test Refusal in Los Angeles DUI Cases

February 18, 2016

Any driver arrested for a DUI is required by California state law to submit to a chemical test.  A chemical test can be a blood test, a breath test or a urine test.  A DUI refusal to submit to a chemical test is a more serious offense then a simple DUI. This article discusses Chemical Test Refusal in California DUI Cases. Click on the links below to go directly to your topic of interest. 1.WHAT ARE THE CONSEQUENCES OF BEING ARRESTED FOR A DUI WITH REFUSAL ALLEGATION? 2. WHAT IF I WAS ARRESTED FOR A CHEMICAL TEST REFUSAL BUT I WAS NOT DRIVING? 3. HOW CAN A DRIVER ARRESTED FOR A “REFUSAL DUI” IN LOS ANGELES FIGHT HIS CASE? 4. CAN THE POLICE […]

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Preliminary Alcohol Screening Test (PAS) Refusal.

December 22, 2015

If you are investigated for a DUI, a police officer might ask you to submit to a preliminary alcohol screening test (PAS test).  The preliminary alcohol screening test is not required to take. Will Preliminary Alcohol Screening Test Refusal affect my license? A refusal to submit to a PAS test should have not any consequences on driver’s license unless you are a minor or a person who is already on probation for drunk driving.  DUI attorney Los Angeles recommends that you do not submit to a PAS test unless you have consumed all of the alcohol shortly before being pulled over – to help establish a rising blood alcohol level defense.  Simply, if you consumed all of the alcohol minutes before […]

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DUI Refusal in Los Angeles

December 1, 2015

Any driver arrested for a DUI in Los Angeles is required by state law to submit to a chemical test.  A chemical test can be a blood test, a breath test or, when neither is available, a urine test.  A Los Angeles DUI refusal to submit to a chemical test after a DUI arrest in Los Angeles is a more serious offense then a simple DUI. When a police officer in Los Angeles makes a DUI arrest, he is required to read verbatim from the back of the DMV form, called DS-367, a statement advising arrested drivers the requirement to submit to a chemical test and the consequences of refusal to submit to the chemical test after a DUI arrest […]

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Will Refusal To Take a PAS Test Be Used Against Me After A DUI Arrest in Los Angeles?

April 15, 2012

Sometimes during a DUI investigation, the investigating officer will request the driver suspected of a DUI to submit to a chemical PAS Test to determine if a probable cause exists for arresting that driver. That chemical test is called PAS, a preliminary alcohol screening test. The devices that are used by officers for PAS test are such instruments as Alco-Sensors manufactured by Intoximeters Inc. If the driver blows above .08% blood alcohol concentration during the PAS test, the investigating officer will become the arresting officer and the driver will be arrested. In Los Angeles DUI prosecution, the officer often will arrest drivers even if the blood alcohol concentration is below .08%. After such arrest, you will need the help of […]

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High BAC level without drinking a lot?!

February 12, 2012

High BAC level is one of the reasons a prosecutor might demand a higher punishment.  The courts are also less lenient on the individuals who are drunk driving with a high BAC level.  The reasons are clear, a high BAC level means the person is more impaired and therefore is more likely to cause a collision and injure an innocent person.  For these reasons, high blood alcohol level is considered a factor in aggravation of a drunk driving case.  However, often, the blood alcohol level is not reflective of an alcohol consumption pattern.  Some defendants might be surprised when they are told that they have high BAC level, because they did not drink a lot of alcohol.  Here, we are […]

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