Fighting a DUI Refusal

| by Max Soni

Last Updated on: 21st September 2023, 11:14 pm

Fighting a DUI Refusal

Getting arrested for DUI can be scary enough on its own. But refusing to submit to chemical BAC testing brings additional serious consequences in California. However, there may still be ways to challenge or beat DUI refusal charges with the help of an experienced lawyer.

This article covers key topics related to fighting DUI test refusal allegations, including:

• The refusal process and penalties
• Common defenses against refusal charges
• Challenging the suspension at DMV hearings
• Negotiating with prosecutors
• Importance of legal representation

Understanding your rights and options is critical if you have been accused of refusing BAC testing after a DUI stop.

The DUI Refusal Process

Here is how a breath or blood test refusal typically unfolds:

1. You are lawfully pulled over and arrested on suspicion of DUI.
2. The officer requests you submit to a chemical BAC test and reads you the implied consent advisory.
3. You decline or fail to complete the breath or blood test as directed.
4. The officer notes the refusal in the police report and confiscates your license.
5. The DMV automatically suspends your license for 1 year.

Once reported, you are subject to harsh DUI penalties even if your criminal charges get dismissed. Fighting the refusal allegation is key to avoiding consequences.

Penalties for Refusing BAC Testing

The penalties for refusing chemical testing after a DUI arrest include:

• 1 year DMV license suspension
• Possible 2+ year court license suspension if convicted
• Enhanced DUI fines and fees
• Additional DUI program requirements
• Ignition interlock requirement
• Ineligibility for restricted license

These consequences apply even for first-time offenders. The punishments for test refusal are severe.

Common Defenses Against DUI Refusal

There are a number of legal defenses that skilled DUI lawyers use to contest refusal allegations, such as:

• No probable cause for DUI arrest – The traffic stop or DUI investigation was unlawful.
• Failure to properly advise of rights – You were not properly informed of the implied consent law.
• Medical conditions – Health problems like asthma prevented completing the breath test.
• Involuntary refusal – Mental state, confusion, or disabilities resulted in failure to consent.
• Faulty equipment – The breathalyzer machine was improperly calibrated or malfunctioned.

An attorney can evaluate the specifics of your case to determine if any of these defenses may apply to get the refusal reversed or dismissed.

Challenging the DMV Refusal Suspension

After receiving notice of the 1 year DMV refusal suspension, you have 10 days to request a hearing to contest it. An attorney can help demonstrate:

• There was no reasonable cause for the DUI stop or arrest
• The officer did not properly advise you of the implied consent law
• You did not actually refuse testing or intend to refuse
• The breath test device was unreliable

Prevailing at the DMV hearing can overturn the refusal suspension entirely. This also strengthens your defense against DUI criminal charges.

Negotiating with the DUI Prosecutor

Another strategy is to negotiate with the prosecutor to amend the DUI charges and remove the refusal allegation. They may agree to drop the refusal in exchange for:

• Pleading guilty or no contest to the DUI charges
• Completing additional DUI classes or treatment
• Paying higher fines and fees

Removing the refusal can help significantly reduce the penalties and long-term consequences.

Importance of Legal Representation

Navigating DUI refusal charges requires legal expertise. An attorney can provide these key services:

• Review the arrest details to build a strong defense
• Challenge probable cause for the traffic stop
• Dispute the validity of the breathalyzer results
• Represent you at DMV refusal hearings
• Negotiate with the prosecutor to remove the refusal
• Advise on the costs vs. benefits of pleading guilty

Don’t go it alone against DUI refusal accusations without speaking to a lawyer first. Professional representation is critical.

Plea Deals May Be Beneficial

In some cases, the best legal strategy is to accept a plea deal and plead guilty to the DUI charges in exchange for getting the refusal dropped. This avoids:

• The 1 year DMV license suspension for refusal
• Harsher DUI penalties
• Lengthy court battles contesting the charges

An attorney can advise if the benefits of a plea deal outweigh the risks of going to trial on the refusal.

Future DUIs After a Refusal

After a refusal, any future DUI arrests will allege the prior refusal as well. This means increased penalties for all subsequent DUIs.

Refusals also stay on your DMV record for 10 years. They can affect DUI sentencing and driver’s license privileges well into the future.

Refusal Myths

Some common myths about refusing BAC testing include:

• Myth: There’s no way to fight or beat a DUI refusal charge. Fact: Experienced lawyers can challenge refusals in many cases.
• Myth: A refusal plea deal is giving up and admitting guilt. Fact: It may be the best option to avoid harsher penalties.
• Myth: The officer doesn’t have to read me any rights about refusing. Fact: Officers must advise drivers of the implied consent law.

Conclusion

Refusing BAC testing after a DUI arrest carries severe penalties. However, working with an attorney knowledgeable in DUI defense provides ways to contest the allegations.

Don’t assume you have no options if accused of refusing chemical testing for a DUI. Take proactive legal steps to protect your rights and driving privileges.

References

[1] https://www.losangelescriminallawyer.pro/fighting-a-dui-refusal.html

[2] https://www.firstduihelp.com/how-to-fight-and-get-out-of-a-test-refusal-dui-charge/

[3] https://files.eric.ed.gov/fulltext/ED341255.pdf

[4] https://criminallawyerinnj.com/how-to-beat-dui-or-dwi-refusal-charges-nj-394-50-4a/

[5] https://www.americanbar.org/content/dam/aba-cms-dotorg/products/inv/book/310444728/Building%20Preface.pdf

[6] https://www.navyband.navy.mil/documents/comnavcruitcominst-11308k.pdf