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Chemical Test Refusal in Los Angeles DUI Cases
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 than 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 A 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. […]
Alcohol Blood Test Consent in DUI Cases
California is not unique in having “implied consent law”, which is found in California Vehicle Code section 23612. The “implied consent law” requires drivers to submit to a chemical test upon arrest for Drunk Driving in Los Angeles. Many police agencies in California, including CHP, enforce “implied consent laws” by either threatening drivers with harsher punishment if they refuse to submit to a chemical test or by forcing Alcohol Blood Test (a very common practice in Orange County for instance). Once DUI defense attorney raises a 4th amendment issue, by alleging that the search was warrantless and therefore presumptively illegal, the burden shifts to the prosecution to show an exception to the search warrant requirement. Without a doubt, in most DUI cases […]
DUI Arrests and Miranda Rights: What You Need to Know
THE LAW: After 1966 United States Supreme Court’s decision in Miranda v. Arizona, police officers can not question a suspect if he invokes Miranda rights. If Miranda rights are violated, the statements made to police officers are not admissible. But, Miranda applies only to “custodial interrogation”; that is, if the suspect is not in custody or otherwise is not deprived of his freedom in any significant way, Miranda does not apply. Also, Miranda does not apply if the suspect makes statements not in response to questions. APPLICATION: The Miranda prevents questioning by police officers once suspect is “deprived of his freedom”. But, Miranda does not mean that police officer can not get confession/admission from the driver/suspect prior to “depriving him/her of […]