Los Angeles Chemical Test Refusal Attorneys
DUI Consequences in California
Implied Consent: Basis for Chemical Test Refusal Charges in California
California Vehicle Code 23612 seems pretty clear cut: if you are behind the wheel of a motor vehicle in the State of California and you are lawfully arrested on a DUI charge, you are assumed to have given consent for a breath, blood or urine test which checks for the presence of drugs and/or alcohol in your system.
DUI Arrest then Chemical Test: California DUI Procedures
The two key elements in a chemical test refusal charge in Los Angeles are a lawful arrest on DUI charges and a clear refusal to take a chemical test. The arrest must precede the refusal of the chemical test.
If you are stopped by a law enforcement official you may refuse to take the Preliminary Alcohol Screening Test (PAS test), provided the officer attempts to administer the test before you are legally arrested. However, if you are under 21 or are currently on probation you are required to take the PAS test if requested by an officer, even if the request is made before the test.
Chemical Test Refusal Adds to California DUI Penalties
A chemical test refusal charge adds to the penalties associated a DUI. The additional penalties increase in severity if you have been convicted of more than one DUI charge. Bear in mind that these penalties are on top of what you face from the DUI.
- First DUI: license suspension for one year, 48 hours jail time
- Second DUI: license suspension for two years, 96 hours jail time
- Third DUI: license suspension for three years, 10 days jail time
Fighting Chemical Test Refusal Charges
Have you been charged with a refusal enhancement as part of a DUI charge? You need the expert advice of a Los Angeles DUI defense lawyer to defend your freedom and ensure that law enforcement officers and California prosecutors stay within the law.
The State of California must prove that you were lawfully arrested for a DUI. Contesting the basis for being pulled over or questioning the validity of the arrest can cause the refusal enhancement to be dismissed. Of course if you are cleared of DUI charges by a California court, the refusal enhancement charges are erased*
Fighting Los Angeles chemical test refusal charges successfully requires legal edge offered by Takakjian Sowers & Sitkoff LLP. The partners are all former Los Angeles County deputy district attorneys, with extensive knowledge of the precise requirements that the State of California and California municipalities must follow in a DUI case. Their experience on the other side of the courtroom is an invaluable asset for contesting and overturning a refusal enhancement.
Call 866.299.4111 to discuss your situation with one of the Los Angeles chemical test refusal lawyers of Takakjian Sowers & Sitkoff LLP. We offer a free consultation and can determine if the chemical test refusal charges against you can be dismissed.
*The California DMV may still pursue a driver’s license suspension, even if chemical test refusal charges are dismissed.