What If I Was Arrested For A Refusal DUI But I Was Not Driving?

In California, the consequences of a DUI with “a refusal” are very severe.  In courts, Los Angeles DWI lawyers can usually relatively easily negotiate a disposition that does not involve refusal allegations, hence helping the driver to avoid “1 year suspension or 2 or 3 years revocation”.  In the DMV, the allegations of a refusal are a lot more severe and will result in the above consequences with no ability to get a restricted driver’s license.  Skillful strategy is often required to defend a Los Angeles DUI at the APS leval (the DMV).  Not all DUI lawyers in Los Angeles are able to build a defensible case in a refusal context with the DMV.  Even when the driver’s defense is “no driving”, a refusal to submit to a chemical test, will result in the same 1 years suspension or 2 or 3 years revocation.  The “no driving” defense is very helpful in court, but at the DMV level, it will carry no weigh as long as the officer had a reasonable cause to believe that the person was driving, the test is mandatory (provided officer complied with the other 2 statutory requirements).  This change came from  2007 case of Troppman v. Valverde (still director of the DMV).  Prior to this landmark Supreme Court case, proof of actual driving was required to force the person to submit to a chemical test.  Now, all that is needed is not proof of actual driving but a reasonable cause by the officer to believe that the person was driving.  Thus, the standard to force a person to submit to a chemical test per VC 23612 is now very low and failure to do so will result in 1 year suspension or 2 or 3 years revocation.  In other words, if you are sitting behind the wheel of a car and officer decides to arrest you for a DUI, you are required to submit to a chemical test and failure to do so will result in a suspension or revocation even when the DMV is unable to prove driving.  Contrast that with the court where a failure by the prosecutor to prove driving will result in a “not guilty” verdict!  By the way, even a “not guilty” verdict at court will not overturn the DMV’s finding of a refusal to submit to a chemical test.

If you are looking for experienced DUI lawyer in Los Angeles, call us immediately.  You only have 10 days from the date of arrest to request a DMV refusal/APS hearing.   For more information on DUI lawyers Los Angeles, please go to our website.