CALIFORNIA CRIMINAL LAWYERS

What an Officer Must Tell Someone Following a DUI Arrest

DUI and Chemical Testing: Understanding the Due Process

Any legal process requires a due process that must be followed diligently from the beginning to the end. This basic rule applies to drivers who get arrested for driving under the influence (DUI) offenses. The DUI process usually begins with the arrest of the driver, followed by the mandatory chemical testing. In Los Angeles, drivers suspected of DUI have two options available for chemical testing: blood or breath tests.

However, not all drivers comply with the DUI process. Some drivers refuse to submit to either of the chemical tests, resulting in DUI charges and a one-year driver’s license suspension. After the arrest, the DUI suspect receives admonitions, as required by law, from the arresting officer. These admonitions ensure that the drivers are fully aware of their rights and responsibilities. Failure to provide a warning or giving an improper admonition invalidates any subsequent refusal to take tests.

Challenging the Refusal Admonition

Drivers charged with DUI refusal have the right to challenge the refusal allegation if the refusal admonition was incomplete or improperly executed. Therefore, the courts acknowledge that drivers must be given every opportunity to comply with testing. If the driver defies one form of testing, they must be given another testing alternative. Thus, if the officer fails to comply, the driver can contest any license suspension with the DMV or refusal allegation in court.

Moreover, the officer must provide a clear and concise admonition to the driver and deliver it strictly by the letter to avoid any improper conduct claims. Some drivers may not understand the admonition due to factors such as hearing deficiency or some other medical condition that may hinder their level of understanding. In such cases, the driver’s attorney may challenge any subsequent refusal allegation.

Consequences of DUI Refusal

The officer must inform the driver about the probable consequences of DUI refusal. Refusal to be tested will lead to charges of a DUI offense and a refusal allegation, which adds mandatory jail time to any underlying sentence. The DMV also issues a one-year driver’s license suspension to first-time offenders who refuse to take the chemical test.

It is essential to note that drivers cannot contact a lawyer before selecting a test. Therefore, if you are facing charges due to a DUI offense, it is crucial to contact an experienced Los Angeles DUI attorney immediately. An attorney with relevant knowledge and experience can efficiently handle your case both in court and before the DMV.

Table: Consequences of DUI Refusal

Consequences for DUI Refusal First-time Offender Repeat Offender

Jail Time Mandatory for both mandatory for both
License Suspension One-year suspension 2-year suspension

Conclusion

Compliance with the DUI process is crucial for any driver suspected of DUI offenses. Refusal to participate in chemical testing results in serious consequences. Drivers have the right to challenge any improper execution of the refusal admonition, which could result in contesting any subsequent suspension or charges in court or with the DMV.