California law sets the legal limit for a driver’s blood alcohol concentration (BAC) at 0.08 percent. If your BAC measures at or above this threshold, law enforcement can place you under arrest for a DUI (driving under the influence of alcohol or drugs) offense. Since alcohol’s effects on coordination, mental acuity, motor control, and decision-making have been well-documented over the years, states like California take DUI offenses seriously. If convicted of a DUI offense, you could face penalties like jail time, steep fines, and the suspension of your driver’s license, among other consequences. It can be an overwhelming and intimidating experience to be pulled over by Los Angeles County law enforcement, and you may not be aware of your legal rights and responsibilities in this situation. For instance, if the officer asks you to take a DUI test, you may wonder whether complying with this request is optional or legally required. Many people are surprised to learn that refusing a DUI test can lead to a DUI refusal charge and other legal complications. No matter what the specific details of your case may be, you can trust that seeking the guidance of a highly qualified and experienced DUI defense lawyer is the best way to improve your chances of obtaining a fair and favorable outcome. Let’s take a look at how DUI testing typically unfolds and some of the most effective legal defense strategies for beating a DUI refusal charge in Los Angeles County.
Understanding DUI Offenses in Los Angeles County
Since driving while under the influence of drugs or alcohol (DUI) and driving while intoxicated (DWI) can impair your ability to react quickly or make critical decisions, state laws aim to dissuade residents from drinking and driving. As a result, even a first-time DUI conviction can carry a hefty fine and potential jail time. Additionally, you may face a mandatory suspension of your driving privileges for a certain amount of time. Subsequent DUI convictions carry harsher penalties, and the court may require you to install an ignition interlock device (IID) or participate in mandatory substance abuse treatment programs. Even though a first-time misdemeanor DUI charge may not seem like a serious offense, it’s highly recommended that you hire a knowledgeable and seasoned DUI defense lawyer who can help you identify and implement a strong legal defense that keeps your future (and your criminal record) as bright as possible.
Penalties For Refusing a DUI Test in Los Angeles County
When a law enforcement officer has reason to believe that a driver is intoxicated, they can ask the driver to submit to testing that measures their BAC level. Under California’s “implied consent” law, “A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense” outlined in the state’s Vehicle Code. In other words, if an officer pulls you over for a traffic violation (i.e., running a stop sign, speeding, failing to use your turn signal, etc.) and they smell alcohol on your breath or otherwise have reason to suspect that you are under the influence of drugs or alcohol, they have the right to ask that you comply with a breathalyzer or other form of BAC test. The refusal of a DUI test or refusing DUI checkpoints can lead to an automatic license suspension, regardless of whether you are convicted of a DUI offense. What’s more, those who refuse field sobriety tests can face a minimum of 48 hours in jail for a DUI refusal. Prosecutors can use your refusal as evidence of your guilt, which can complicate your case and pose additional challenges to preparing an effective defense. However, working with a qualified and experienced DUI defense attorney is the best way to ensure that your legal rights remain upheld at every opportunity as you work toward a fair and favorable outcome.
DUI Refusal Defense Strategies
If you refuse to submit to a breathalyzer test, it’s essential that you exercise your constitutional right to contact a DUI defense lawyer as soon as possible. Your lawyer will evaluate the specifics of your case and identify potential defense strategies that keep your future bright. For instance, you and your attorney may decide to challenge the legality of the traffic stop itself. If you uncover any constitutional violations or procedural errors that occurred at the time of your traffic stop or arrest, you can raise these concerns with the court. Or, you may decide to contest the DUI refusal itself. The arresting officer must advise you of the consequences of refusing a DUI breathalyzer test. If law enforcement did not make these consequences known to you at the time of the incident, or if they violated your legal rights in any way, you can contest the legality and validity of the criminal charges against you. In other cases, a solid DUI defense strategy comes down to questioning the accuracy of the test itself. These tools are not always calibrated, cleaned, or maintained properly, and the results may not be entirely accurate or reliable. No matter what the unique factors of your DUI refusal case may be, you can trust that your dedicated and experienced Los Angeles County DUI defense attorney will work hard to enforce your rights and advocate for your best interests.
Get Started With a Highly Qualified DUI Defense Lawyer Today
Facing criminal charges of any kind can be an intimidating and overwhelming experience. However, you do not have to go through this challenging time without the help of a dedicated legal professional by your side. If you are ready to learn more about beating a DUI refusal in Los Angeles County or you are interested in exploring potential DUI defense strategies that will maximize your odds of keeping your future bright, reach out to Wegman & Levin at your earliest convenience to get started.
The highly qualified and experienced DUI defense attorneys at Wegman & Levin are ready to provide you with the reliable and effective legal representation you need. If you are facing DUI charges in Los Angeles County, call our office at (818) 980-4000 for a free consultation with a dedicated criminal defense lawyer.
