DUI refusals in California carry significant consequences at both the court level and the administrative level. These penalties stem from the Implied Consent Law, outlined in Vehicle Code 23612, which mandates that drivers must submit to chemical testing following a lawful DUI arrest. Many people misunderstand this law, particularly regarding the post-arrest chemical test. Here’s a breakdown of what you need to know in addition to what to say in a DUI.
What is a DUI Refusal?
A DUI refusal refers to when a driver refuses to submit to a post-arrest chemical test, such as a blood or breath test, after being lawfully arrested for a DUI. If you refuse this test after being advised of the consequences (called “admonishment”), your license can be suspended for one year.
Key Distinction: Preliminary Alcohol Screening Test
Before arrest, if you are not on DUI probation or under 21, you can legally refuse a preliminary alcohol screening test (PAS). However, once you are arrested, you are required by law to submit to a chemical test (blood or breath).
Can I Refuse a Breath Test?
The short answer is yes—you can refuse a breath test before you are arrested without immediate consequences, provided you are not on DUI probation or under 21.
Once you are arrested, however, refusing a chemical test comes with significant consequences:
- License Suspension: A one-year suspension for the first offense.
- No Restricted License: You cannot obtain a restricted license during this suspension period.
- Potential Jail Time: In counties like Orange County, the District Attorney may seek additional jail time (up to 10 days) for refusing a chemical test.
Penalties for DUI Refusals
When you refuse a chemical test in California, you face:
- Immediate License Suspension: Your license is automatically suspended for one year with no option for a restricted license.
- Increased Jail Time: The court can impose additional jail time, especially in counties like Orange County, where prosecutors may seek 10 days of jail for a refusal.
- Longer Suspensions for Multiple Offenses: If this is your second refusal, you face even longer license suspensions (up to two years or more).
Legal Defenses to DUI Refusals
Fortunately, there are legal defenses available if you refuse a chemical test:
- Improper Admonishment: Officers are required to properly inform you of the consequences of refusing a chemical test. They must use the correct language, such as stating your license “will” be suspended—not “can” be suspended. If this is not done correctly, the refusal may be invalid.
- Lack of Probable Cause: If the officer did not have proper cause to pull you over, this can be challenged, and any evidence from the stop may be suppressed.
- Medical Conditions: If you had a valid medical reason preventing you from complying with the chemical test, this can serve as a defense.
Requesting Dashcam and Body-Worn Camera Footage
To build a strong defense, it’s essential to request dashcam and body-worn camera footage. This footage may show that the officer did not properly read the admonishment or that there was no valid reason for the traffic stop. Your attorney can use this evidence to challenge the legality of the stop or the refusal.
Refusing a Blood Test
In California, you can refuse a blood test, but with the same risks of a license suspension and potential jail time. If drugs are suspected in your DUI, refusing a blood test can lead to further consequences, as the officer is likely to request a blood test to detect substances other than alcohol.
DMV and Court Consequences of DUI Refusals
The consequences of refusing a chemical test in California extend beyond the courtroom:
- DMV Suspension: A refusal will trigger an automatic suspension of your license for at least one year.
- Criminal Charges: Driving on a suspended license (Vehicle Code 14601.2) can result in new criminal charges, additional fines, and jail time.
Role of a DUI Refusal Enhancement in Court
In some cases, the DUI refusal enhancement can be used by the prosecution to increase your penalties. This is especially true in Orange County, where you may face an additional 10 days of jail time. An experienced DUI attorney can negotiate this during the pretrial stage, helping to reduce or dismiss the refusal enhancement.
Legal Strategies for Fighting a DUI Refusal Charge
When facing a DUI refusal charge, it’s crucial to:
- Prove Improper Admonishment: If the officer failed to correctly inform you of the consequences, this could invalidate the refusal.
- Challenge Probable Cause: Your attorney can argue that the officer lacked probable cause for the stop.
- Leverage Procedural Errors: Any mistakes made during the arrest or chemical test process can be grounds for dismissal or reduced charges.
Importance of Hiring a DUI Attorney
Facing a DUI refusal in California is a complex legal battle, but with the right attorney, you can minimize the impact. An experienced DUI attorney will know how to:
- Challenge the Refusal: Using video footage and legal precedents.
- Negotiate Plea Bargains: In some cases, the refusal can be used as leverage to negotiate a better deal.
- Protect Your License and Freedom: By navigating the DMV hearing and court process, your attorney can help reduce or dismiss charges.
Conclusion
DUI refusals in California come with serious consequences, but they are not insurmountable. With proper legal representation, you can fight the refusal, reduce penalties, and protect your future. An experienced DUI attorney is essential in navigating these complex cases and achieving the best possible outcome.
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