DUI Refusal And California Implied Consent Laws
According to California law, every person arrested for driving under the influence is required to submit to blood alcohol chemical testing once requested by a law enforcement officer. According to the California Vehicle Code Section 23612, this requirement is referred to as the law of implied consent. However, this particular law does not require you to submit to FSTs (Field Sobriety Tests) or to submit a breath sample into a breathalyzer that all officers carry with them in their police cars.
In addition, the Vehicle Code Sections 13353 and 23577 also state that anyone who refuses to submit to blood alcohol chemical tests will be charged with an enhanced sentence in court. Such an enhancement will mean mandatory jail time even for first time DUI offenders and will result in a person losing his or her license for up to 3 years. Those penalties will be imposed along with the standard DUI penalties that are implied by the DUI laws in California.
The Eisner & Gorin, LLP law firm is offering strong defense for allegations of DUI refusal. Our qualified and experienced DUI lawyers will examine all the factors in building a solid defense strategy, including how clearly the officer was communicating with the defendant, whether there were any language related barriers and whether the officer informed the suspect of the consequences of refusal properly. In addition, we assess how the officer acted – was he hostile, rude, unprofessional, perhaps?
Defense Against DUI Refusal Allegations
Our DUI defense lawyers have succeeded on numerous occasions in convincing the prosecutor to drop all refusal sentencing enhancement penalties through questioning what exactly occurred at the police station. We argue that the refusal was not intentional or willful, but it was a misperception of the officer’s instructions, or perhaps a simple conflict between the law enforcement officer and the client.
Get in touch with our Eisner & Gorin, LLP representatives as soon as possible so we can compile the ideal defense strategy for you. If you were arrested for DUI in Beverly Hills, hiring a qualified, genuinely experienced DUI lawyer is the first thing you should do.
Our professional and skilled lawyers at Eisner & Gorin, LLP have dealt with thousands upon thousands of DUI cases and aided clients in Beverly Hills for many years now. As qualified and experienced Beverly Hills DUI attorneys, our law partners are determined to satisfy our clients’ needs and to produce the best result possible. Having our legal representation in your DUI case gives you the best chance of successfully fighting the charges and avoiding imprisonment. We provide you with legal counsel throughout the whole Beverly Hills DUI court process and will be your attorneys in court, making sure that you get the best legal outcome possible in the shortest time.