Pasadena DUI Refusal Defenses

Pasadena DUI Attorneycheckpoint refusal

For many people who have been charged with a Pasadena DUI refusal offense, they may be told that effectively challenging the refusal allegation is simply not possible. Under the law, all drivers in California are considered to have provided implied consent to breath or blood testing if lawfully arrested on suspicion of DUI. Refusing to take a test is against the law pursuant to California Vehicle Code Section 23612 VC. Someone who is arrested on suspicion of a Pasadena DUI offense who subsequently refuses to submit to breath or blood testing will typically be charged with driving under the influence in violation of California Vehicle Code Section 23152(a) VC along with a refusal allegation

The following are examples of the potential defenses that may be raised in fighting a Pasadena DUI refusal charge:

Lack of Probable Cause to the Stop the Vehicle or Arrest the Driver

An officer must have reasonable or probable cause before he or she can justify pulling over a vehicle or arresting someone for a crime. In Pasadena DUI cases, the reason stated is often a violation of the California Vehicle Code or other law. Once an officer observes a driver in violation of the law, that driver can be pulled over in order to address the violation. The officer will interact with the driver and may form the opinion that the driver is under the influence of drugs or alcohol.

The officer further needs reasonable cause that the driver was under the influence before he or she is allowed to arrest the driver. Typically, this is accomplished by having the driver perform field sobriety tests or provide a breath sample on a Preliminary Alcohol Screening (“PAS”) device. The officer may also rely on the defendant’s own admission that he or she had previously consumed alcohol.

The driver can challenge the stop and/or arrest by making a motion to suppress pursuant to California Penal Code Section 1538.5 PC. This also applies to defendants who refused testing. If successful, all evidence obtained as a result of the improper stop or arrest would be suppressed and the case would likely be dismissed.

The Driver Was Not Driving Under the Influence

For a refusal allegation to be upheld against a Pasadena DUI defendant, the prosecutor must be able to establish that the defendant is guilty of driving under the influence in violation of California Vehicle Code Section 23152(a) VC. If the prosecution is unable to prove impaired driving, the refusal allegation would not apply to the driver.

Failure to Provide Proper Admonition

Under the law, a law enforcement officer must give an admonition regarding chemical testing and the results that would occur if the driver refuses to test. This includes the fact that the driver would be charged with DUI with a refusal allegation in addition to the fact that the driver would lose his or her license for at least a year. If the Pasadena law enforcement agency did not provide a comprehensive admonition or if this information was not communicated clearly, the defendant may have a strong argument that any subsequent refusal was not willful or knowing.

Incapacitation of the Driver

There may be situations where a person who has been arrested for a Pasadena DUI is physically unable to understand a refusal admonition and is thus unable to refuse or consent to chemical testing. This is often the case where the driver has just been involved in a collision and may have suffered a concussion which affects his or her ability to take in and process information. It may also be the case where another medical condition affects a person’s ability to either understand directions or clearly communicate consent. One thing that would not excuse a driver’s refusal to test occurs where the incapacitation was the result of voluntary intoxication. This means that being too drunk to consent to testing is not a defense to a Pasadena DUI refusal allegation.

If you have been charged with a DUI refusal in Pasadena, it is crucial that you discuss your case with a Pasadena DUI Lawyer immediately. Pasadena DUI Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who knows how to effectively defend those charged with DUI offenses, even where there is a refusal allegation.

For more information about Pasadena DUI refusal defenses, and to schedule your free consultation, contact Pasadena DUI Attorney Michael Kraut at the Kraut Law Group located at 790 East Colorado Boulevard, 9th Floor, Pasadena, CA 91101. Mr. Kraut can be reached 24/7 at 626-345-1899.

Share |
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 Thomas
★★★★★
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 Lepervanche
★★★★★
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.