Officer's Admonition in Los Angeles DUI

DUI license suspensionWhen a driver has been lawfully arrested for driving under the influence, the arresting officer is required by law to inform the DUI suspect of his or her obligations regarding chemical testing. Under California Vehicle Code Section 23612 VC, “the person shall be told that his or her failure to submit to, or the failure to complete, the required chemical testing will result in a fine, mandatory imprisonment, if the person is convicted . . . and the suspension of the person’s privilege to operate a motor vehicle for a period of one year….” The language used in the statute states that this warning is mandatory and a law enforcement officer must provide this information to anyone who has been arrested for driving under the influence of alcohol or drugs.

California’s Implied Consent Laws

Under California’s implied consent laws, anyone who is driving a motor vehicle is deemed to have given implied consent to have his or her breath or blood tested for the presence of drugs or alcohol if lawfully arrested on suspicion of DUI. This means that the act of refusing to take a chemical test is itself illegal and will result in the defendant being charged with DUI under California Vehicle Code Section 23152(a) VC as well as the refusal enhancement.

There may be situations where an officer forgets to provide a DUI suspect with the refusal admonition or does not deliver the admonition in compliance with statutory requirements. When this is the case, the driver may have grounds to challenge any subsequent refusal allegation or driver’s license suspension.

Refuse Testing and Face a Yearlong Suspension

A driver who has refused testing faces a yearlong suspension of his or her driving privileges regardless of what happens in the court case. Unlike other driver’s license suspensions, the driver would not be eligible for a restricted license during the suspension period if he or she refused chemical testing.

In order to contest the suspension, the driver must actively request an administrative hearing with the California Department of Motor Vehicles within ten days of the DUI arrest. A qualified Los Angeles DUI Attorney can ensure that the proper DMV request is filed within the statutory time limits. The Department will issue a stay of suspension and will provide the driver with a temporary license while the matter is pending.

During the DMV hearing, which is conducted by a hearing officer from the Department who is neither a judge nor an attorney, the driver will have a chance to challenge the refusal allegation. In many cases, the arresting officer will be called by the DMV to testify regarding his or her arrest report and the circumstances of the driver’s alleged refusal. A driver is allowed to be represented by an attorney at this hearing.

Failed to provide a Refusal Admonition

In many cases, the officer may have failed to provide a refusal admonition that complies with California Vehicle Code Section 23612 VC. Some officers may find the blood test to be too time-consuming, as it usually requires the suspect to be transported to a hospital or other location and then prepped for a blood draw. There are time constraints that can jeopardize a DUI arrest. If a person is not tested within three hours of driving, the DMV no longer presumes that the test results are an accurate representation of the driver’s BAC at the time of driving. In comparison, the breath test machine is usually kept right at the police station and is very easy to operate. Officers may not tell drivers about the blood test or may improperly encourage the driver to take a breath test.

In addition, officers may fail to provide all information that is required by law. The officer may tell the driver that his or her driving privileges “may” be suspended as a result of the refusal. Under the law, the officer must tell that driver that his or her license “will” be suspended. Failure to provide the proper refusal admonition may result in the DMV setting aside the suspension.

If you have been charged with a DUI offense, it is critical that you meet with a Los Angeles DUI Attorney immediately. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Lawyer Michael Kraut possesses a mastery of the DUI laws and knows how effectively to fight these types of charges.

For more information about the DUI officer’s admonition, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Featured on CNN
ABC News
NBC News
Los Angeles Times
CBS News
The New York Times
Us Weekly
Entertainment Tonight
Good Morning America
Legal Broadcast Network
Avvo Rating 10.0
Client Reviews
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.