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Fighting California DUI Refusal Charges: Legal Defenses You Need to Know

If you are facing a California DUI Refusal charge, the notion that there could be no defense is erroneous. It’s possible to fight it and win, but you need a trustworthy and experienced DUI attorney to guide you through the process.

Individuals are often accused of DUI Refusal because they allegedly violated California Vehicle Code Section 23152(a) by driving under the influence. Refusing to take a chemical test leaves individuals facing a DUI Refusal charge for violating Section 23612 of the California Vehicle Code. With these charges come serious consequences, which can only be contested with the following legal defenses:

Lack of Probable Cause to Stop or Arrest

The Fourth Amendment to the United States Constitution protects citizens from unwarranted searches and stops. For a DUI Refusal case in California, law enforcement officers must have legal and well-grounded reasons for stopping a vehicle, investigating a person for DUI, arresting and detaining an individual, and requiring a chemical test. When there was no probable cause for these stops or arrests, the DUI Refusal charge becomes unfounded.

Individuals can challenge the probable cause through a suppression hearing allowed by California Penal Code Section 1538.5. If the hearing proves the stop or arrest to be flawed, all evidence collected as a result gets suppressed, and the case dismissed. For instance, if a police officer did not find any evidence of intoxication or had no grounds to stop a car, the arrest for DUI would be unlawful, leading to a case dismissal. The same would happen to alleged refusal to take a chemical test. Those facing DUI Refusal Charges in California should seek help from Todd Spodek, a Los Angeles DUI attorney, to find out if the arresting officer made any mistakes.

The Driver was not Under the Influence

When a person is acquitted under California Vehicle Code Section 23152(a), the DUI refusal charge also crumbles. The refusal allegation shouldn’t be treated as a separate offense or an independent basis for another criminal charge.

Law Enforcement Agency Did Not Provide Admonition

The law enforcement agency that made the arrest is supposed to inform suspects of the consequences they will face for refusing a chemical test. These consequences include a criminal charge and loss of driving privileges for at least one year. The law enforcement agency should provide a clear and unambiguous notice. Any vagueness concerning the admonition could lead to dismissal. Telling suspects they “could” lose their license is not the same as informing them that “they would” lose it after refusing to take a chemical test. Failure to provide this information leads to the dismissal of the refusal allegation. If you were not informed of these consequences, please contact Todd Spodek, a Los Angeles DUI attorney.

Incapacitation

There are instances where medical or physical conditions could inhibit an accused from taking a chemical test, leading to a dismissal of the DUI refusal charge. However, self-induced conditions do not qualify as warranted conditions for incapacitation.

Trust Experienced DUI Lawyers

Individuals facing a DUI refusal charge have numerous defenses to choose from, but the way to navigate this minefield is with the help of an experienced and trustworthy attorney.

Todd Spodek’s lawyers are accomplished Los Angeles DUI attorneys who provide invaluable guidance to people facing DUI Refusal charges. Our legal experts know how to protect your rights, help you win your case, and ensure that you face the minimum possible penalties.

Get in touch with Todd Spodek today to learn more about how we can help you fight back against false DUI Refusal charges or any other legal difficulties you may be facing.