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DUI Refusal Allegation: California Implied Consent Laws

California law mandates that all person arrested for a DUI submit to blood-alcohol chemical testing when requested by a police officer. This requirement is referred to as the "implied consent" law, as defined in California Vehicle Code Section 23612. This law does not require you to (1) perform Field Sobriety Tests or (2) submit a breath sample into the handheld Preliminary-Alcohol Screening Device, known as PAS, which officers carry with them in their police vehicles.

Anyone refusing to submit to blood-alcohol chemical testing may be charged with a sentencing enhancement in court, known as the “Refusal” allegation pursuant to Vehicle Code Sections 13353 and 23577. This enhancement adds mandatory jail time to even first-offender DUI case and causes a person’s license to be suspended for 1-3 years. These penalties are imposed in addition to standard DUI penalties required by California DUI Laws.

Kestenbaum Eisner & Gorin, LLP, offers an aggressive defense to DUI Refusal allegations. Our DUI attorneys examine numerous factors in constructing a defense strategy such as (1) how clearly the officer communicated with the suspect, (2) were there any language barriers, and (3) did the officer suff iciently advise the suspect of a refusal’s legal consequences. Further, what was the demeanor of the officer – did the officer present himself in a rude, hostile, and unprofessional fashion.

Our DUI defense attorneys have frequently succeeded in convincing the prosecution to drop the Refusal sentencing enhancement, by raising a reasonable doubt about what exactly happened at the police station. We argued that the refusal was not willful or intentional, but was the officer’s misperception of our client’s state of mind, or just a personality conflict between the officer and client.

Contact our DUI Defense Law Firm: Immediate Response 24/7

Contact the law firm of Kestenbaum Eisner & Gorin, LLP, right now to have immediate counsel begin on constructing the most appropriate defense strategy. If you have been arrested for DUI in Los Angeles or the San Fernando Valley, obtaining a qualified attorney is the most important decision you can make.

The top-rated DUI attorneys at Kestenbaum Eisner & Gorin, LLP, have litigated thousands of drunk-driving cases, and helped clients throughout Los Angeles County. As well-qualified DUI defense lawyers, our law partners are dedicated to clients’ needs and to producing outstanding results. With our DUI defense law firm on your side, your chances of successfully fighting your charges and avoiding a conviction are greatly increased. We will advise you throughout the DUI process and serve as your advocate in court and at your DMV hearing. Our DUI attorneys will protect your rights, inform you of your legal options, investigate the conditions of your arrest, and question law enforcement and witnesses.

Remember, you only have 10 days to prevent your license from being suspended!