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Breath Test Refusals

Breath Test Refusal in DUI Cases

In California, if you are suspected of driving under the influence (DUI), 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 DUI attorney can still help.

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Potential Defenses for a Breath Test Refusal

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.

Our attorneys may be able to use one or more of many defenses to a breath test refusal:

  • You were not informed of the consequences of refusing a blood or breath test
  • You were simply unable to provide a sample at the time of arrest
  • The "refusal" the officer recorded was not a refusal but a misunderstanding

Possible Punishments of Breath Test Refusal

When you receive a driver's license in California, you are agreeing to submit to chemical testing if you are suspected of driving under the influence. 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.

Potential penalties of refusing a breath test include:

  • Your refusal may be used in court to show a "consciousness of guilt"
  • First offense: the DMV may suspend your license for 1 year
  • Jail time of 48 hours for a first offense
  • 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.

Accused of refusing a breath test? Gold & Witham can help!

Although refusing the breathalyzer test when pulled over under for suspicion of DUI results in an automatic driver's license suspension, there are certain types of defenses that may help you in this difficult legal situation. At Gold & Witham, our 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.

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