Drivers who refuse a legally ordered blood alcohol content (BAC) test after they are arrested for driving under the influence (DUI) can face legal penalties. Failing to complete a legally ordered chemical BAC test is generally referred to as a DUI refusal, and it can lead to a license suspension and jail time.
Many drivers wonder if they can beat a DUI refusal accusation in California. Review legal strategies to handle a DUI refusal with the Simmrin Law Group. Allow us to begin working on your defense right now. Get started by calling (310) 997-4688.
A DUI Refusal Can Lead to Criminal Charges
It is important that you understand that a DUI refusal in California can result in a criminal charge. Vehicle Code Section 23612 details the legal repercussions of refusing a BAC test following a DUI arrest. Drivers who refuse a BAC assessment can face:
- A one-year license suspension for a first refusal
- A two-year license revocation for a second refusal
- A three-year license revocation for subsequent refusals
Drivers can also have time added onto their jail sentence if they are convicted of a DUI in court after refusing a BAC test. Generally, only a few days in jail will be added to your sentence for a refusal enhancement.
Regulations on BAC Testing in California
You should be aware that all drivers in California are legally obligated to take a BAC test after they are arrested for a DUI. Driving in the state of California indicates that you have given “implied consent” to complete a BAC test in this situation.
However, not all drivers are required to complete preliminary alcohol screening (PAS) tests. You may legally refuse a PAS test and even a field sobriety test (FST) before you are arrested in some cases. Note that you MUST complete PAS tests and FSTs if you are:
- Under the age of 21
- On DUI probation
Drivers over 21 who are not on DUI probation can refuse a PAS test and FST without facing charges for a DUI refusal. A criminal defense lawyer can help you review the specific regulations on DUI testing. Find out more about California’s legal codes by calling (310) 997-4688.
Methods to Beat a DUI Refusal in California
A DUI lawyer in Los Angeles can help you beat a DUI refusal enhancement. Your lawyer can work to review the facts surrounding your case quickly after you are arrested. Depending upon your situation, a legal professional may work to show that:
You Were Arrested Unlawfully
Law enforcement officers are only legally allowed to arrest you if they have reasonable cause to believe you were breaking a law. If you were arrested without due cause and then refused a BAC test, your charges may be dismissed.
You Were Not Informed of the Consequences of Refusal
Drivers in California are supposed to be informed about the results of refusing a legally ordered BAC test after a DUI arrest. If you were not told that you were legally obligated to complete a BAC assessment, your layer could help you beat the charges you are facing.
You Were Physically Unable to Complete the Test
Some drivers are physically incapable of completing a BAC test. This could be because they are severely injured or have certain medical conditions. California makes an exception in these cases. However, you can be charged with a BAC test refusal if you were unable to complete the test because of the effects of drugs or alcohol.
Handle a DUI Charge in California with Professional Help
You can get help handling DUI charges and DUI refusal enhancements from the professionals at the Simmrin Law Group. Our team of DUI lawyers knows what it takes to handle DUI charges throughout the state.
You can rely on us to investigate your charges thoroughly. We’re ready to take steps to get your charges reduced. We may even be able to get a DUI dismissed in some situations. Allow us to help with your criminal case today.
Review the best method to handle DUI and BAC refusal enhancements by reaching out to us now.
Take Steps to Beat a DUI Refusal with a Lawyer
You can beat a DUI refusal in some cases by getting professional help on your side immediately after your arrest. Work with the professionals at the Simmrin Law Group now. You can contact our DUI lawyers in Los Angeles today to get a FREE case evaluation.
Find out more about how to beat a DUI refusal charge by calling us at (310) 997-4688 or completing our online contact form.