In California, a person suspected of driving under the influence is presumed to have consented to taking a breath, blood, or urine test. Failure to comply with consenting to an exam triggers heavy penalties in criminal court andDMV Administrative Hearings. For example, if it is a first time DUI offense the DMV issues a"hard suspension" for one year. What that means is driving priviliges are suspensed for a year with no provisional license to drive to and from work.
The California DMV looks at the following issues:
-The officer had reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140, 23152, or 23153, or Section 191.5 of the Penal Code and
-You were placed under lawful arrest and
-Person was advised that refusal would result in suspension or revocation of driving privilege and
-Person refused or failed to complete the chemical test after requesting to do so.
If decision is made that all the above was met, the person will face a one year suspension for a first time DUI. In Los Angeles, second and third time DUI refusals face more severe penalty.
The Criminal Courts in Los Angeles County, can also levy punishment for refusal to submit to a test. The following are the possible punishment:
-DUI class for 9 months and
-Fine of up to $1,000 and
-Mandatory prison time and
-Probation up to 5 years and
-License Suspension
A failure to submit to testing can be costly, unfortunately many cases where there is a refusal the person does not say "NO I DON'T WANT TO DO IT." Instead many situations are where the person physically can't complete the exams, breath machine does not work, or simply the person does not understand the situation he/she is in and cannot make a well-informed consent. That is why an experiencedLos Angeles DUI Attorney is crucial.
Please call Los Angeles DUI Lawyers Law Offices of Loren M. Merlin where an experienced DUI attorney will defend your rights.