Beverly Hills DUI Refusals
Many of the drivers charged with DUI in Beverly also face the additional allegation that they committed Beverly Hills DUI Refusal. The allegation that someone refused to submit to chemical testing may seem straightforward, but often can be complicated and open to interpretation.
A law enforcement officer requires a breath or blood sample from a suspect in order to show that the driver was under the influence. Instead of trying to get a warrant for testing for every DUI arrest, Beverly Hills DUI suspects are asked to "voluntarily' provide a breath or sample. If they refuse, they may still be charged with a DUI in addition to a Beverly Hills DUI Refusal allegation.
Beverly Hills DUI suspects may be asked to submit to various forms of chemical testing during different stages of the Beverly Hills DUI Process. Usually, when someone is stopped they will be asked to breathe into a Preliminary Alcohol Screening ("PAS") device by a law enforcement officer. If that person is arrested for DUI, he or she will be asked to submit to chemical testing via a breath or blood sample.
Those arrested for DUI will always be asked to provide a blood or breath sample (except in rare circumstance when consent would be impossible, such as when the suspect is unconscious). If the driver refuses, there are a variety of consequences depending on the circumstances and what test was refused.
In California, it is illegal for driver to refuse chemical testing in the following scenarios:
- For drivers on criminal probation who are subject to search and seizure provisions AND for drivers under the age of 21, it is against the law to refuse testing on a PAS device if requested by a law enforcement officer. Other drivers not fitting in these categories can refuse the PAS test without penalty.
- All drivers who have been arrested for DUI in Beverly Hills MUST submit to chemical testing. Refusal to do so will result in a Beverly Hills DUI Refusal allegation in addition to a charge of Driving Under the Influence once the case has been filed. If there is a suspicion that the driver may be under the influence of drugs, a urine test may be required.
Sometimes, what actually constitutes a Beverly Hills DUI Refusal is not clear-cut. While a Beverly Hills DUI Refusal may be as simple as a driver replying "no" when asked to submit to testing, there are other situations where the act of refusal is less obvious.
If a driver verbally agrees to submit to chemical testing but then attempts to delay or avoid testing by pretending to blow into the device or asking numerous questions, law enforcement may consider these tactics to constitute a Beverly Hills DUI Refusal.
Before someone can be deemed to have refused testing, he or she must have first been admonished regarding the consequences of the Beverly Hills DUI Refusal, namely that that refusing to submit would result in a charge of DUI under California Vehicle Code Section 23152(a) , and separate penalties for the refusal allegation and enhanced driver license penalties would apply. If this admonishment was not provided, the Beverly Hills Refusal allegation cannot be sustained. The person must be admonished that a Beverly Hills DUI refusal will result in a license suspension by the DMV and enhanced penalties, including mandatory jail time, in the criminal court.
A DUI suspect must be conscious and cognizant enough to understand the admonishment. If a driver is shown to have been too impaired or unable to understand the admonishment, there would be grounds to refute a subsequent Beverly Hills DUI Refusal allegation.
Other issues may exist that call into question the validity of a Beverly Hills DUI Refusal allegation. If testing was unreasonably delayed by law enforcement, and not by the suspect driver, that driver cannot be accused of refusing to submit to testing. Additionally, a suspect drive may have a medical condition or other issue that would affect his or her ability to provide an adequate sample. If this is the case, a knowledgeable Beverly Hills DUI Defense Attorney may be able to challenge the Beverly Hills DUI Refusal allegation in court.
Recently, the U.S. Supreme Court has overturned previous California by ruling that law enforcement officers are no longer able to forcibly extract blood from DUI suspects without a warrant. This holding in Missouri v. McNeely now prevents law enforcement from conducting these warrantless blood draws in most situations. However, although blood evidence obtained via a warrantless draw may be suppressed, someone in this situation may still have to face the Beverly Hills DUI Refusal allegation (and corresponding VC 23152(a) DUI charge).
A Beverly Hills DUI Refusal allegation will trigger enhanced Criminal Court penalties in addition to those normally assessed in the DUI case. First time offenders would face mandatory jail time. For someone with a prior DUI, the jail time would significantly increase. For third time DUIs, the Beverly Hills Refusal allegation would result in a minimum of 130 days in jail.
The California Department of Vehicles assesses increased penalties for Beverly Hills DUI Refusal. First time offenders who are determined to have refused testing will receive a yearlong suspension with no opportunity to get a restricted license. Drivers with prior DUI related suspensions would face a year suspension on top of whatever the license suspension period would normally be.
Because of the enhanced penalties caused by Beverly Hills DUI Refusals, it is imperative that you have a qualified Beverly Hills DUI Refusal attorney representing you as soon as possible. Beverly Hills DUI Refusal Attorney Michael Kraut is highly experienced in handling Beverly Hills DUI Refusal allegations and the issues that surround them. Mr. Kraut is former deputy district attorney with over 14 years of prosecutorial experience and is highly respected by judges, prosecutors and law enforcement professionals.
For more information about Beverly Hills DUI Refusal, and to schedule your free consultation, contactBeverly Hills DUI Refusal Attorney Michael Kraut at the Kraut Law Group located 8484 Wilshire Boulevard, #660B, Beverly Hills, CA 90211-3220. Mr. Kraut can be reached 24/7 at 888-334-6344 or 310-550-6935.