DUI Refusal, Defense Attorney
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LAMONT LAW FIRM
California law imposes a penalty when a DUI defendant refuses
to submit to or complete a chemical test to detect the presence of
alcohol or controlled substances. In Kern County, the penalty
takes two forms (1) a suspension or revocation of the person's
driving privilege, and (2) the use at trial of the fact that the
individual refused to submit to a breath or blood test upon his or
her arrest for DUI. The predominant use of the refusal in the
criminal Court proceedings is to prove a "consciousness of guilt"
and allows the D.A. to seek mandatory jail time.
The prosecution will claim that if the defendant had nothing ti
hide he or she would have submitted to the requested tests. In
many refusal cases, however, the accused does not get a fair
shake by the cop that arrested him or her. For a variety of
reasons, the police or CHP officer may confuse the DUI suspect,
misinform them of the state requirements, treated them
disrespectfully prior to the request and in some cases even lie to
the detained individual.
The DMV consequences of a finding of refusal are indeed severe,
as a result, it is imperative to request a DMV hearing as soon as
possible following the defendant's release from jail. A formal
hearing will allow for a full challenge of the arresting officer's
conclusions regarding the alleged "refusal" to take a breath or
A DUI Attorney that fights refusals can, in many cases present a
recognized defense or explanation of the reasons behind the fact
that no chemical test was taken or completed. Many defenses
involve possible physical or medical reasons or can simple be a
case of unlawful conduct on the part of law enforcement such as
an illegal stop or arrest. Each DUI Refusal case has issues that
can form the basis of a defense, a Kern County DUI Lawyer can
explain the legal requirements the state must prove as well as any
affirmative defenses that are present.
A refusal can lead to a revocation of a drivers license for up to 3
years. For those who depend on their ability to drive the decision
to fight a petition of a refusal should be obvious. Incidentally, the
DMV does not consider a person's "need" for a license at the
DMV hearing. Only well established defenses will lead to a set
aside of the suspension, a skilled DUI refusal attorney is therefore
essential to avoid the consequences of driving on a suspended
license down the road.
Contact a Kern County DUI DMV Refusal Lawyer today for a
complimentary case review, toll free 1-877-202-3834.
Our law firm is located in Kern County and offers full service
criminal defense and DMV representation in all Courts.
Be sure to browse Bruce Blythe on google to get additional
content on the charge of DUI refusal and the consequences of
that decision in Kern County California.
Bruce M. Blythe, Attorney at Law, Toll Free 1-877-202-3834