Breath Test Refusal DUI Attorney in Los Angeles
Los Angeles Breath Test Refusal DUI Lawyer
In California, if you are suspected of driving under the influence (DUI) of alcohol or drugs, you will be asked to submit to a chemical test in order to determine your blood alcohol level or if drugs are in your system. You are required to submit to this test under California’s “implied consent” laws – and your refusal may result in additional penalties as well as the suspension of your driver’s license. Even if you refused a breathalyzer test, blood or urine test, an experienced Los Angeles DUI attorney can still help.
Although refusing the breathalyzer test when pulled over under suspicion of DUI results in an automatic driver's license suspension, there are certain types of defenses that may help you in this very difficult legal situation. At Gold & Witham, the experienced DUI defense attorneys have successfully defended many individuals who have refused the breath test. However, it is crucial that your case be evaluated without delay if this is your situation.
Any time an individual refuses the breath test, there are certain procedures that must be followed by law enforcement. Every detail of the arrest and the evidence against you must be immediately reviewed and evaluated by a skilled DUI defense lawyer. If you have been arrested for drunk driving in Los Angeles, you can expect an unsympathetic response from law enforcement. You definitely need someone fighting for you in such circumstances. Without legal support, it is likely that you will face the maximum sentence. Do not face the courts alone. Protect yourself.
When you consult a Los Angeles DUI defense lawyer at Gold & Witham, the attorney will give you a free initial consultation regarding your case. In working together, a lawyer from the firm will do whatever is necessary to build a strong defense on your behalf. An attorney may be able to use one or more of many defenses to a breath test refusal:
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That you were not informed of the consequences of refusing a blood or breath test.
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That you were simply unable to provide a sample at the time of arrest, due to a medical condition or injury.
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That the “refusal” the officer recorded was actually not a refusal but was a misunderstanding either on your part or on the part of the officer.
A breath test refusal will affect both your criminal case and your DMV hearing, and so it is important to choose carefully who you will have to represent you. Your Los Angeles DUI attorney will make all the difference in your case.
Los Angeles Breath Test Refusal Lawyer
When you sign for and receive a driver’s license in California, you are agreeing to submit to chemical testing if you are suspected of driving under the influence of alcohol or drugs. Therefore, when you refuse or are accused of refusing a blood test or breath test to determine your blood alcohol concentration (BAC), you may face consequences, even though there will be no evidence to submit in court that shows your BAC at the time of arrest.
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Your refusal may be used in court to show a “consciousness of guilt”
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First offense: the DMV may suspend your license for 1 year, without the ability to get a restricted license to drive to work or school
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Jail time (48 hours for a first offense)
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Additional alcohol classes / counseling
Most often, it is best to submit to chemical testing if you are suspected of driving under the influence. But even if you refused testing, an experienced Los Angeles DUI attorney may still be able to defend you and protect your ability to drive in the near future.
Contact a Los Angeles Breath Test Refusal Lawyer from Gold & Witham if you have been arrested for DUI after refusing the breath test. You need quality legal representation to defend you.