What Happens if You Refuse a DUI Chemical Test?
Refusing a DUI chemical test is a critical error in your case. The law presumes guilt if you refuse the test, making it essential to present evidence to counter this presumption. This evidence must prove that you were not under the influence of alcohol when the police encountered you, a stringent standard that most people cannot meet.
This means you'll have to bring some evidence to bear that shows that you were not driving under the influence of alcohol when the police came in contact with you. This is a strict standard because you would have had to have tested yourself or gotten your blood or breath yourself to prove that you are innocent.
Under normal circumstances, it is the responsibility of the prosecutors or police to prove that you are guilty of a DUI. However, if you refuse a chemical test, the burden of proof shifts, and you must provide evidence to counter the presumption of guilt. This is a challenging task that most people cannot accomplish, which is why the law is structured this way.
California's Implied Consent Law
But, once you refuse to take that test, the reverse is accurate, and you put yourself in a terrible position. The reason and policy behind that are that if they didn't have it set up that way, everybody would refuse to take the test. They would never catch anybody for a DUI.
Part of this is the implied consent law in California, which applies when you get your driver's license; you agree to give the police your consent if they pull you over or come in contact with you on the road.
Then, suppose they believe in their subjective mind that you might be driving under the influence of alcohol or drugs or a combination of both. In that case, they can ask you to perform field sobriety tests, which are a series of physical and mental tasks designed to determine if you're impaired. Refusing these tests can also be used against you in court.
And the biggest thing that triggers the refusal is if you refuse to give a blood or a breath sample.
That's just part of driving. Driving is not a right. It is a privilege in California because you're using California's roadways so that they can put specific requirements and restrictions on you as a driver in this state.
Driving is a privilege in California, and it comes with specific responsibilities. When the police request a blood or breath test, it's crucial to cooperate. Refusal leads to a more severe charge than a standard first-time DUI, and the Department of Motor Vehicles will revoke your license for a year without any restrictions.
This is probably the harshest penalty as DUI refusals go because you need your car if you're living in Los Angeles and California. You need to drive. But, with this DUI refusal, you will be ordered not to go by the court and by the DMV.
If you disobey this order and get caught driving, you will be arrested, and you will get a new charge for driving on a suspended license related to a DUI, which has mandatory jail attached to it.
Driver's License Suspension
So, as you can see, these DUI refusals are very serious. The courts, prosecutors, and police enforce them very harshly. Your best bet is not to refuse and cooperate with law enforcement if they ask you to take a blood or a breath test because you put yourself in such a difficult position if you don't cooperate that it's simply not worth any potential benefit you might get.
Most people say I refused because I had a lot to drink, and I knew they would be able to prove that I was driving under the influence, so therefore, I didn't want to give a blood or breath sample.
But, even in that circumstance, in most cases, all you'll do is lose your license for a whole thirty days. Then, you'll be able to get your consent back on a limited basis for six months to drive to and from work during the course and scope of your career and to and from any alcohol program and to and from school if you're a student.
You'll have to install an ignition interlock device on your car and obey all other DMV rules and regulations, but this is much better than losing your driver's license for a year with no restrictions.
So, the logic needs to make more sense. Prosecutors and judges will treat you much more harshly if you refuse to take the test because most of the time, when people are refusing to take the test, there's a reason the police were asking them to take the test. They're going to put that in the police report, so the prosecutors will see that and are just going to assume that you were drunk, and that's why you didn't want to take the test. So, it doesn't benefit you most of the time.
If you've been charged with a DUI refusal, it's crucial to seek legal counsel. An attorney can evaluate the circumstances of your case, ensure the prosecutors have followed the correct procedures, and advise you on the best course of action.
They have to let you know that if you refuse to take the test, you're going to lose your driver's license for one year, and then they have to fill out a form under penalty of perjury indicating that you were informed of this. This shows your response to them asking you to take the blood or breath test, and this will all be written out in the paperwork received by your attorney in defense of your DUI case.
An attorney can evaluate everything and see if the prosecutors did everything they were supposed to regarding your refusal. They can also advise you on the best course of action and represent you in court if necessary. An attorney can evaluate everything and see if the prosecutors did everything they were supposed to regarding your refusal. They can also advise you on the best course of action and represent you in court if necessary.