Glendale DUI Refusal Defenses
Those charged criminally with Glendale DUI refusal face a unique challenge in fighting the allegations. In California, anyone driving a motor vehicle is presumed to have given implied consent to take a chemical test if lawfully arrested for DUI. When a driver refuses to submit to chemical testing, he or she can still be charged criminally with the DUI offense pursuant to California Vehicle Code Section 23152(a) VC along with the added refusal allegation under California Vehicle Section 23612 VC which can lead to increased penalties upon conviction.
When challenging a refusal allegation in Glendale, the following defenses may apply:
Under the United States and California Constitutions, a law enforcement officer is not allowed to simply pull over vehicles without reasonable or probable cause. This means that the officer must actually observe the driver commit a violation of the law before that officer can justify stopping the vehicle. The reason for the stop is typically a violation of the California Vehicle Code or another law. After stopping the vehicle, the law enforcement officer will speak with the driver and will be on the lookout for any signs of intoxication that would justify expanding the investigation.
If the officer forms a suspicion that the driver is impaired, he or she will ask the driver to exit the vehicle and go through a series of field sobriety tests. These tests are designed to measure the driver’s coordination, balance and ability to follow instructions. In addition, an officer may ask the driver to provide a breath sample for analysis on a Preliminary Alcohol Screening (“PAS”) device that will provide an indication of his or her BAC. The officer will also ask the driver about his or her previous alcohol consumption. Based on the information the officer discovers, the driver may be arrested for DUI and taken to the police station or hospital for additional chemical testing.
Even where the driver refuses to submit to chemical testing, he or she can still file a motion to suppress all evidence resulting from the stop and arrest pursuant to California Penal Code Section 1538.5 PC. If a judge finds that the stop or arrest was improper, all resulting evidence will be deemed inadmissible and the case will usually be dismissed by the prosecutor.No Driving Conduct Consistent with DUI
The Glendale refusal allegation can only be imposed on a defendant who is first convicted of a driving under the influence offense. If the prosecutor cannot prove all of the elements to show that the defendant was in fact driving under the influence, the refusal allegation would be inapplicable.Chemical Testing Admonition was Not Properly Provided
The law requires that a driver arrested on suspicion of DUI must be given a full admonition pertaining to chemical testing. This admonition must include a warning that failure to submit to testing would result in DUI charges along with enhanced penalties as a result of the refusal as well as the fact that the driver would lose his or her driving privileges for a minimum of a year. If the admonition provided was unclear or incomplete, the defendant may be able to challenge any resulting refusal allegation that is alleged.Driver Incapacitation
A person who was arrested and ultimately charged with a Glendale DUI offense may have been unable to fully comprehend an officer’s request for chemical testing. This may be the case where a collision occurred and the driver is concussed or otherwise not in the right condition to hear, process or understand everything being said. In addition, the driver may suffer from a host of different medical conditions that would affect his or her ability to listen to or understand the admonishment. In these cases, any subsequent refusal may be challenged in court. If the driver’s lack of comprehension occurred as the result of excessive voluntary intoxication, this would not be grounds to later challenge a refusal allegation.
If you have been charged with a Glendale DUI refusal, it is absolutely critical that you meet with a Glendale DUI Attorney as soon as possible. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Glendale DUI Lawyer Michael Kraut is highly skilled at challenging all aspects of a DUI charge, even where the defendant is alleged to have refused testing.
For more information about Glendale DUI refusal defenses, and to schedule your free consultation, contact Glendale DUI Lawyer Michael Kraut at the Kraut Law Group located at 450 North Brand Boulevard, Suite 600, Glendale, CA 91203. Mr. Kraut can be reached 24/7 at 818-507-9123.