Beating a DUI with a Refusal Allegation.
Posted By Gold & Witham on Mar 8, 2010 2:37pm PST
The law in California requires that a person lawfully arrested for a DUI submits to a chemical test to determine their breath or blood alcohol level.
A refusal to submit to a test may result in a forced blood test or greater penlaties in court and a long license suspension from the DMV.
However, the other way to look at this is that it can be more difficult for a prosecutor to prosecute a DUI allegation without a blood or breath test. The arresting officers opinion about the sobriety of the defendant is essentially the only evidence without a chemical test result. The refusal may be seen as evidence of guilt, but a jury cannot convict a person based on the refusal allegation alone and there is often a reasonable explanation for the refusal independant of consciousness of guilt.
During the course of the last year, I have been retained for three refusal cases in West Covina Court in Los Angeles County. All three cases were rejected by the District Attorneys Office for lack of evidence. This demonstrates an understanding by the Deputy in Charge of the Court that if the evidence of impairment is weak, a DUI case should not be prosecuted.
If you have any questions concerning DUI defense, please contact Los Angeles and
Orange County DUI lawyers Gold and Witham for a free consultation.