Consequences of Refusing to Take a DUI Chemical Test

After being arrested for a DUI, your penalties could be stiffer if you refuse to take the DUI chemical test. In most cases, Los Angeles courts will add additional jail time or penalties to your original DUI charge once you have been found guilty.

Rules for a DUI Refusal

Even if you appeared to refuse a test, your defense attorney could argue that you actually tried to perform the test, but were unable to do so due to a variety of factors. You could have been asking questions pertaining to the test, and the officer became irritated, and eventually claimed that you refused the chemical test. 

• If you change your mind and decide to take the test, the officer can still say that you refused the test

• If the officer determines that you are purposely failing to complete the test, she could say you refused the test

• Partial testing will take place if your breath test results are incomplete; an officer can then request a urine or blood test

Possible Punishments

If you are convicted of a DUI refusal in Los Angeles, you could face severe consequences, also referred to as refusal enhancements. If the court finds that you are guilty of a chemical test refusal, your driver’s license could be suspended, and you could be required to enter an alcohol program. Increased DUI refusals could lead to a DMV refusal hearing, which poses more punishment.

Strong Defense

Some of the strategies that your attorney could use include:

• You were not driving under the influence – this may be more difficult to prove without a chemical test, but it is not impossible

• You were misled by the police officer, pertaining to your obligation to submit the test

• The law official did not have any probable cause to arrest you

Even though it may seem like you are doomed, an experienced Los Angeles attorney, such as those that represent D & Z Law Group, can still develop a strong defense in a DUI refusal case.


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