DUI Refusal in Los Angeles

December 1, 2015

los-angeles-duiAny 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 in Los Angeles.  Still, some Los Angeles DUI drivers refuse to submit to the testing of blood or breath.  Often, the refusal to submit to the chemical test is a result of a confusion.  Simply, the arrested DUI driver did not understand the consequences of refusal to submit to the chemical test because the officer did not fully explain the consequences.  Los Angeles DUI attorney are very successful in defending DUI refusal cases and won man such cases.  The police officer is required to make sure that the driver hears the consequences of a refusal.  However, if the driver is drunk, he will not be allowed to use that as an excuse that he did not understand the consequences.

Legally, a refusal to submit to a chemical test is charged as a special allegation on the complaint.  The special allegation is based on California Vehicle Code section 23612 and would be written immediately after the DUI charges.  The jury gets to decide the refusal allegation only after they decide whether the person was guilty of a DUI.  Thus, if the defendant is not guilty of a DUI, the refusal is never gets to be decided by the jury.

Refusal to submit to a chemical test has consequences in court and at the DMV.  Los Angeles DUI attorney can fight refusal cases in both court and DMV, producing great results for the clients.  In court, refusal allegation, when proven, will require defendants to go to jail.  The jail time imposed because of the refusal is at the minimum a 48 hours.  Often the prosecutor is willing to dismiss the refusal allegation when trying to settle the case.  The DMV consequences of a refusal allegation are often a lot more serious for the DUI drivers in Los Angeles.  The DMV will take the driver’s license away for 1 year when they decide that the driver refused to submit to a chemical test.  The DMV will also take the driver’s license away for 2 or 3 years when a person refused to take a chemical test and he has a previous 1 or 2 DUI’s within 10 years.  The DMV will not give a restricted driver’s license to person’s who lost their driver’s license after a DMV refusal hearing.

Drunk driving attorneys in Los Angeles are skilled in defending DUI cases and handled many Los Angeles DUI refusal  cases over the years of practice.  Our tremendous experience allows us to get the best possible results for our clients at the DMV and in the Superior court.  Please call us anytime to talk about your refusal DUI case and to hear us explain how we can help defeat your Los Angeles DUI refusal case.  We accept most credit cards and offer great payment plans.  Our focus is on providing quality defense at affordable prices.

 

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