Facing a Driving Under the Influence (DUI) charge in California is daunting, but an added allegation of a chemical test refusal elevates the consequences significantly. Under California Vehicle Code § 13353, an alleged refusal to submit to a post-arrest breath or blood test triggers a mandatory 1-year driver’s license suspension with no eligibility for a restricted license.
However, a chemical test refusal suspension cannot legally stand unless law enforcement executed a lawful stop and arrest. Top tier Redondo Beach DUI attorney Matthew Ruff recently demonstrated this principle by securing a complete Order of Set Aside from the California Department of Motor Vehicles (DMV) Legal Affairs Division, fully restoring his client’s driving privileges.
The Incident: An Arrest in Redondo Beach
The case arose from a late-night traffic stop in Redondo Beach, California. According to law enforcement reports:
Initial Contact: Officers pulled over a driver at Lilienthal Ln. and Ripley Ave..
Alleged Violations: The officer cited Vehicle Code § 5200(a) (missing front license plate) and Vehicle Code § 26708(a)(1) (tinted windows) as the initial basis for the enforcement stop.
DUI Investigation & Refusal Allegation: Upon contact, officers claimed to observe objective symptoms of intoxication, including slurred speech, watery eyes, and the odor of an alcoholic beverage. After the driver performed Standardized Field Sobriety Tests (SFSTs) and declined a Preliminary Alcohol Screening (PAS) test, officers placed the driver under arrest for VC § 23152(a).
Chemical Test Admonition: At the station, officers read the California Chemical Test Admonishment (DS 367). When requested to submit to either a breath or blood test, the driver declined, leading officers to log a formal chemical test refusal.
The Legal Strategy: Challenging the Constitutionality of the Stop
When a driver is accused of refusing a chemical test, the DMV automatically issues an Administrative Per Se (APS) suspension. To uphold a refusal suspension at a DMV Driver Safety hearing, the Department must prove key statutory elements, including:
1. The peace officer had reasonable cause to believe the person was driving in violation of CVC § 23152.
2. The driver was lawfully arrested or detained.
3. The driver was properly admonished and refused to complete a chemical test.
Attorney Matthew Ruff focused his defense on the critical second element: the legality of the stop and detention.
Under Fourth Amendment jurisprudence, police officers must possess specific, articulable facts raising a reasonable suspicion of criminal activity or a traffic violation to justify stopping a vehicle. Through a rigorous review of the officer statements, incident reports, and dispatch records, Top DUI Refusal Attorney Matthew Ruff challenged whether the officer actually possessed sufficient objective facts to justify stopping the vehicle for window tint or license plate violations prior to the detention.
If the initial traffic stop or subsequent detention is ruled unlawful under the Fourth Amendment, any evidence obtained thereafter—including the officer’s observations and the request for a chemical test—is inadmissible, rendering the arrest unlawful.
The Outcome: Complete DMV Set Aside
By establishing critical weaknesses regarding the lawfulness of the initial detention and arrest, Master of DUI Defense, Matthew Ruff successfully defeated the Department’s burden of proof.
The DMV Legal Affairs Division issued an official Order of Set Aside or Reinstatement, ruling that the administrative suspension action initiated under CVC § 13353 was set aside.
Mandatory Suspension Avoided: The client avoided the standard 1-year license revocation.
Driving Privilege Restored: The client’s full driving privileges were restored without needing to pay reissue fees or maintain proof of financial responsibility (SR-22) for the refusal action.
The Takeaway
A DUI refusal charge does not automatically mean a license loss. Investigating officers must strictly adhere to constitutional standards during traffic stops and detentions. When police exceed their authority or lack clear justification for a stop, an experienced criminal defense and DUI attorney in Redondo Beach can leverage those violations to protect a client’s rights and driving privileges.
