Law Offices of Thomas Wallin
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Increased Punishment for Refusing to Take a Chemical Test
A suspected drunk driver who refuses to take a chemical test, either blood or breath, will face several potential consequences of the refusal. First, the refusal can be charged as a separate offense from the original drunk driving charge. The criminal court case for the drunk driving charge including a separate charge for a refusal will allow the court to increase the already substantial penalties of a DUI, once the underlying DUI is proven. A refusal can also be used against you to show “consciousness of guilt”, in that you refused because you knew you were guilty, even if you were not over the legal limit.
If a person is found guilty of DUI and a refusal to submit to a chemical test, there are mandatory punishments by the court which, depending on the number of prior offenses, includes a certain amount of jail time and a longer alcohol program. This jail time is in addition to any other term imposed by the court. If it is a first offense, the jail time is 48 hours. If it is the second offense, a refusal means 96 hours of jail. On a third offense with refusal, the penalty is 10 days in jail. For a fourth offense, the jail time is 18 days.
Secondly, the most immediate consequences of refusing to take a chemical test in a DUI / DWI case likely will take place at the California Department of Motor Vehicles. For a first offense with refusal, the driver’s license will be suspended for one year, with no chance of receiving a restricted license to drive to work.
The effects on your driving privileges can be even stiffer for multiple offenses. Although the DMV will suspend the driver’s license of a person charged with DUI / DWI even if the driver submits to a chemical test, the suspensions are longer for those who refuse. For a second offense within 10 years of prior offense, there is a two-year revocation. For a third offense within 10 years, a license will be suspended for three years. For a fourth offense within 10 years, the punishment is the same whether or not the driver refused a chemical test – a four-year revocation of the person’s driver’s license.
Ultimately, it is to the driver’s benefit to submit to a chemical test when arrested for drunk driving or driving under the influence of drugs. For whatever reason, if you alleged to have refused a chemical test, a lawyer who is well-versed in the consequences of chemical test refusal may be able to ease sanctions against drivers who refuse the test.
If a person is found guilty of DUI and a refusal to submit to a chemical test, there are mandatory punishments by the court which, depending on the number of prior offenses, includes a certain amount of jail time and a longer alcohol program. This jail time is in addition to any other term imposed by the court. If it is a first offense, the jail time is 48 hours. If it is the second offense, a refusal means 96 hours of jail. On a third offense with refusal, the penalty is 10 days in jail. For a fourth offense, the jail time is 18 days.
Secondly, the most immediate consequences of refusing to take a chemical test in a DUI / DWI case likely will take place at the California Department of Motor Vehicles. For a first offense with refusal, the driver’s license will be suspended for one year, with no chance of receiving a restricted license to drive to work.
The effects on your driving privileges can be even stiffer for multiple offenses. Although the DMV will suspend the driver’s license of a person charged with DUI / DWI even if the driver submits to a chemical test, the suspensions are longer for those who refuse. For a second offense within 10 years of prior offense, there is a two-year revocation. For a third offense within 10 years, a license will be suspended for three years. For a fourth offense within 10 years, the punishment is the same whether or not the driver refused a chemical test – a four-year revocation of the person’s driver’s license.
Ultimately, it is to the driver’s benefit to submit to a chemical test when arrested for drunk driving or driving under the influence of drugs. For whatever reason, if you alleged to have refused a chemical test, a lawyer who is well-versed in the consequences of chemical test refusal may be able to ease sanctions against drivers who refuse the test.
Case Results
1st offense DUI in North Court (Fullerton) – Client had a BAC of .10 reduced...
1st offense DUI Under 21 BAC 0.16 Harbor Court (Newport Beach) – Client was in the Fire Academy and facing both DMV and criminal charges...
3 arrests for DUI in a 3 month span. All cases out of Orange County...
Felony Case Results.... Read More
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