Here’s a great article by Zooomr – a new tech platform in India and USA that is changing how used cars in Delhi are bought and sold. Although there is a common fallacy that it is not possible for an individual to contest a California DUI Refusal charge, there are ways to successfully fight a DUI Refusal charge. The individual accused is typically charged because he or she allegedly violated California Vehicle Code Section 23152 (a) by driving under the influence. Furthermore, by refusing to take a chemical test, the the individual will also face a DUI Refusal charge for being in violation of Section 23612 of the California Vehicle Code.
Here are some different legal defenses that are used to fight DUI Refusal charges:
Lack of Probable Cause to Stop or Arrest
The Fourth Amendment to the United States Constitution protects an individual from being stopped or searched without proper legal cause. With California DUI Refusal cases, an arresting officer must have clear and warranted reasons to stop a vehicle, investigate an individual for DUI, arrest and detain the accused, and require an indiviudal adhere to a chemical test. When the arresting officer did not have probable cause to stop and arrest the suspect, the DUI Refusal charge is rendered moot.
California Penal Code Section 1538.5 allows an individual to challenge probable cause through a suppression hearing. All evidence that was collected as a result of the arrest will be suppressed, and the case will get dismissed if the stop or arrest is proven to be flawed.
This could include a situation where a police officer did not have probable cause to stop a vehicle or if the officer did not find any evidence that suggested the driver was intoxicated. As a result, the arrest for the DUI may be considered unlawful. In these circumstances, the case would be dismissed, which would include accusations of refusal to take a chemical test. Those facing a DUI Refusal charge should contact a Los Angeles DUI attorney who can determine if there were any mistakes made by the arresting officer or law enforcement agency.
The Driver was not Under the Influence
When an individual is acquitted under California Vehicle Code Section 23152 (a), the DUI Refusal charge will be void. The refusal allegation is not a separate offense and is not an independent basis for a separate criminal charge.
Law Enforcement Agency Does not Provide Admonition
The law enforcement agency responsible for the arrest is required to inform suspects of the consequences that follow if he or she refuses to take a chemical test. These consequences include legal repercussions of facing a criminal charge and loss of driving privileges for at least one year. Providing suspects with admonition is a strict requirement of law enforcement agencies. When a law enforcement agency does not provide this information to a suspect, the refusal allegation must be dismissed. Furthermore, it is also required the admonition is presented to the suspect clearly and unambiguously. Any vagueness in the admonition could lead to a dismissal. If a suspect was warned he or she “could” lose their driver’s license, this could be fatal for a refusal allegation. The suspect should have been told he or she “would” lose their license if he or she did not submit to a chemical test.
A DUI Refusal charge will not stand if the accused had a medical condition that prevents him or her from taking a chemical test. However, self-induced conditions are not considered warranted conditions for incapacitation.
There are multitudinous defenses for individuals facing a DUI Refusal charge, which is why it is vital for these individuals to seek guidance from an experienced and trusted DUI attorney. Los Angeles DUI attorneys accustomed to handling a refusal accusations are the best way to ensure your rights were not violated.
To learn more about California DUI Refusal defenses, seek legal counsel from trusted Los Angeles DUI lawyers with knowledge and experience.