DUI Attorney Matthew Ruff beats dui refusals in many cases when the facts are insufficient to justify such a finding.
A “refusal” is a legal word given to cases where a person was arrested for DUI and subsequently refused to submit to a chemical test to determine the alcohol or drug content of their blood. The name is primarily used by the DMV to separate those people who took a test and those folks who refused all tests.
If you are looking for a DUI refusal attorney in California Matthew Ruff can help.
At the outset it is important to distinguish a refusal to submit to a chemical test following arrest and refusal to take a breath test prior to arrest (sometimes called a preliminary alcohol screening test). The reason this distinction is important is because it is not generally illegal to refuse an in-field breath test as long as the person is over 21 and not on probation for a prior DUI.
So, how do you beat a refusal in California? Before we get to that answer it is first necessary to lay some legal groundwork for what constitutes a refusal in CA. The law which governs this area can be found in the Vehicle Code, specifically section 23612:
“The peace officer had reasonable cause to believe that the person had been driving a motor vehicle in violation of Section 23136, 23140, 23152, 23153, or 23154. (B) The person was placed under arrest or, if the alleged violation was of Section 23136, that the person was lawfully detained. (C) The person refused or failed to complete the chemical test or tests after being requested by a peace officer.”
As you can see, the law spells out that the person who is accused to have refused must first be under arrest, if over 21. Put another way, if the individual was not arrested and was simply being asked to submit to a field sobriety test such as a preliminary alcohol screening test, he or she cannot be punished if they elect to refuse to do it.
There are a myriad of possible ways to beat a refusal in California. Unlawful Arrest, Failure to Admonish, Illegal Stop, and many others.
Another way to beat a refusal in California is to argue the officer confused the client by first advising him or her they had to remain silent and a right to an attorney before answering any questions, then asking them which test they want to take. If the person is confused about answering that question based on the admonition given about their right to remain silent, a theory of defense called “Miranda Confusion” can be raised.
In addition, failure to properly admonish a driver of the required statutory language is another way to win a dui refusal case in California.
If you were arrested and charged with refusing to submit to a chemical test contact a Top Tier DUI Refusal Lawyer for a consultation about your rights and options.
