Outright refusing a chemical test during a DUI arrest can lead to vastly increased penalties in your DUI case. You are required under California law to submit to blood or urine tests; failing to do so may legally be inferred as guilt by California courts, and will result in automatic license suspension and potentially increased jail time.
However, you have options to contest the results of a chemical test, starting with an experienced attorney.
DUI Test Refusal Defense Attorney in San Diego
If you have been charged with an additional refusal charge after being arrested following a DUI stop, you need to contact an experienced DUI attorney immediately. While there are legal exceptions under California law to taking a DUI test, it typically takes an experienced attorney to show the court why you believed it was necessary to refuse the DUI test.
Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of criminal charges for decades and is ready to build your DUI refusal case. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, and El Cajon, including San Diego proper.
Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.
Overview of DUI Test Refusals in California
- DUI Refusals under California Law
- Consequences of Refusing a Chemical Test
- Defending Against a DUI Refusal Charge
- Forced Chemical Tests
- Additional Resources
- Hire an Attorney for DUI Test Refusal in San Diego
DUI Refusals in California
DUI refusal in California occurs when a person lawfully arrested for driving under the influence (DUI) refuses to submit to a chemical test of their breath, blood, or urine. This obligation stems from California’s implied consent law, outlined in Vehicle Code Section 23612. By driving on California roads, drivers are deemed to have consented to such testing following an arrest based on reasonable cause.
Refusal can take several forms: outright denial, failure to complete the test, or silence after being informed of the requirement. Officers must explain the legal consequences of refusal, which include administrative penalties such as license suspension and criminal implications if convicted of DUI. However, refusal does not prevent charges or protect against evidence of intoxication gathered through other means.
This refusal can complicate a DUI defense because it is often introduced as evidence of “consciousness of guilt” under California jury instruction CALCRIM No. 2130.
Consequences of Refusing a Chemical Test
Refusing to submit to a chemical test results in automatic suspension or revocation of a driver’s license, enforced by the California Department of Motor Vehicles (DMV).
- For a first refusal, the penalty is a one-year license suspension.
- A second refusal within 10 years leads to a two-year license revocation
- A third or subsequent refusal within 10 years results in a three-year license revocation.
These administrative penalties apply even if the driver is not convicted of DUI, and individuals who refuse are generally ineligible for restricted licenses that would otherwise allow limited driving privileges.
Criminal penalties for refusal are equally severe and include enhanced jail sentences, higher fines, and longer mandatory DUI education programs under Vehicle Code Section 23577. Courts treat refusal as an aggravating factor during sentencing, imposing harsher punishments.
Defending Against a DUI Refusal Charge
The Officer Failed to Properly Inform the Defendant of Consequences
Under California Vehicle Code Section 23612, law enforcement officers are required to clearly explain the legal consequences of refusing a chemical test, including license suspension and its potential use as evidence in court. If this advisement was not provided or was ambiguous, the refusal evidence may be inadmissible in your DUI case.
The Defendant Was Physically or Medically Unable to Comply with the Test
Certain medical or physical conditions can prevent an individual from complying with chemical testing requirements. For example, a driver suffering from severe injuries, unconsciousness, or conditions that impair their ability to understand instructions, such as a language barrier or hearing impairment, may have a valid defense.
The Chemical Test Was Conducted Without Proper Legal Authorization
If law enforcement failed to obtain a valid warrant or lacked exigent circumstances to justify a warrantless chemical test, any evidence obtained may be suppressed. Warrants are generally required for blood tests unless there are emergency conditions.
Forced Chemical Tests
In certain situations, law enforcement may obtain a warrant to compel a chemical test. Vehicle Code Section 23612 permits officers to use reasonable force to conduct a blood test if a warrant is secured. Warrants are often obtained electronically and rapidly, even at odd hours. If a blood test is conducted without a warrant or a valid exception, this evidence may be inadmissible in court. Additionally, law enforcement must follow strict procedures, including having qualified medical personnel perform the test.
Additional Resources
Blood Draw Admonition Procedures for Persons Arrested for Driving Under the Influence of Alcohol or Drugs – This document from the San Diego Police Department provides detailed guidance on conducting blood draws for DUI arrests. It discusses the legal requirements under California Vehicle Code Section 23612 and Supreme Court rulings like Birchfield v. North Dakota and Missouri v. McNeely. Officers can learn procedural steps, criteria for search warrants, and how to address refusals.
Refusal of Intoxication Testing: A Report to Congress – This report by the U.S. Department of Transportation reviews the impact of BAC test refusals in DUI cases. It explains the laws, statistics on refusal rates, and the challenges states face in prosecution without BAC evidence. It also explores strategies like search warrants for blood draws to reduce refusal rates and strengthen DUI enforcement.
View the San Diego Police Department’s Procedure – This San Diego Police Department document outlines procedures for administering chemical tests in DUI cases, focusing on California’s “implied consent” and zero-tolerance laws. It provides instructions for breath, blood, and urine tests, as well as guidance for handling refusals and implementing Administrative Per Se license suspensions.
Hire a Defense Attorney for DUI Test Refusal in San Diego
Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of criminal charges for decades and is ready to build your DUI refusal case. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, and El Cajon, including San Diego proper.
Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.