CALIFORNIA CRIMINAL LAWYERS

What Happens When You Refuse a Chemical Test?

Refusing a Chemical Test for DUI Charges: Can a Los Angeles DUI Attorney Help?

If you ever get pulled over by a Los Angeles police officer under suspicion of DUI, refusing a chemical test isn’t an appropriate option. By default, there are several consequences to this decision, which include additional jail time and stiffer license sanctions. However, the reason for the refusal may not be as apparent as one would think.

In this scenario, it would be wise to enlist the help of an experienced Los Angeles DUI attorney to determine why you refused and if the circumstances may warrant a lesser penalty.

### Criminal Penalties

California law mandates a blood or breath test for all drivers arrested for DUI offenses. If the officers suspect that you’re driving under the influence of drugs, they may also require a urine test. In some cases, officers can forcibly administer a blood test to get alcohol or drug evidence that they suspect may disappear from the body eventually.

If you refuse the test for the first time, expect to stay in jail for 48 hours, and 96 hours for a second offense. For a third time, a refusal typically results in ten days of jail time, plus additional time imposed for the original DUI offense.

### DMV Penalties

Refusing a chemical test for DUI charges leads to a one-year suspension of your license, during which you cannot receive a restricted license from the DMV. For multiple convictions, your license is suspended for a year on the current case, following any additional suspension time imposed by the court.

### DUI Defense Options

An experienced Los Angeles DUI Attorney will start by challenging the admissibility of the test itself. For instance, if it turns out that you were experiencing a rising blood alcohol level, it could affect the validity of the result.

If you factor out the rising blood alcohol level, your attorney will review the officer’s report to determine whether his conduct in administering the test or delay in giving it caused you to refuse it. He may contest whether the breathalyzer equipment was functioning correctly that night, or review the police report for procedural errors that affected the officer’s conduct.

For example, if you were unconscious and, therefore, unable to respond, it can’t legally count against you as a refusal in court. Your attorney might then move to suppress the results or request that the court throw them out entirely.

### What Happens Next?

A ruling that deems the traffic stop unlawful and suppresses all evidence obtained from it is a win for you. In such a case, the prosecution may dismiss the case entirely, meaning that you don’t go to jail.

However, lesser punishments are still possible, even if the judge rules against you. The prosecutor may allow you to plead guilty to either dry or wet reckless charges. If you choose the wet reckless option, you admit that alcohol affected your driving, but it doesn’t amount to a DUI level. Alternatively, you could plead guilty to the dry reckless charge, meaning that you accept responsibility for poor driving without the allegation of alcohol. The latter doesn’t qualify for an enhanced sentence and carries lesser fines and jail time, allowing you to skip the misdemeanor that comes with a criminal record that follows a DUI offense. In some cases, the prosecutor may allow you to plead guilty to “exhibition of speed” or public drunkenness offenses, which can help evade DUI charges’ risk of conviction.

As you can see, even if you refuse a chemical test, anything is possible. A skilled Los Angeles DUI Attorney can leverage his knowledge of the system and his relationships with law enforcement officials to secure the possible outcome that preserves your rights and preserves your image. It is, therefore, impossible to walk into court without one.

### Table: DUI Penalties

“`
|Penalties |1st DUI Offense |2nd DUI Offense |3rd DUI Offense |4th and Higher DUI Offenses |
|————————————–|——————|——————|——————|—————————–|
|Imprisonment |Up to 6 months |Up to 1 year |Up to 1 year |Up to 3 years |
|Probation |3-5 years |3-5 years |3-5 years |Up to 5 years |
|Fines |Up to $2,000 |Up to $2,500 |Up to $3,000 |Up to $18,000 |
|License Suspension |6-10 months |2 years |3 years |4 years or more |
| |
|Refusing a Chemical Test|48-hours |96 hours |10 days |18 months |
| |jail time |jail time |jail time |jail time |
“`