Pasadena DUI Refusals
Pasadena DUI Refusals are a frequent concern among individuals who have recently been stopped and/or arrested for DUI in Pasadena. DUI suspects are typically given the option to provide a breath sample on a Preliminary Alcohol Screening ("PAS") device during the DUI investigation. Once arrested, they are also asked to provide a blood or breath sample. There may be significant consequences depending on the variety of test refused, and there is often uncertainty as to what constitutes a refusal and when someone can legally refuse a chemical test in Pasadena. The only chemical test that is lawful to refuse is a Preliminary Alcohol Screening Test.
Under the law, drivers may not refuse to submit to a test in the following situations:
- For drivers on probation with search and seizure conditions OR drivers who are under the age of 21, these drivers MUST provide a breath sample for analysis on a PAS device when requested by a law enforcement officer. Any other driver is permitted to refuse testing on a PAS device.
- All drivers who have been arrested on suspicion of DUI in Pasadena must provide a breath or blood sample following arrest. Failure to do so will be deemed a Pasadena DUI Refusal. Additionally if the driver is suspected of being under the influence of drugs, a urine test may be mandatory.
What constitutes a Pasadena DUI Refusal is not always apparent. Sometime a Pasadena refusal can be as simple as a driver replying "No," when asked by a law enforcement officer to provide a breath or blood sample following a Pasadena DUI arrest. Sometimes a person will presumptively "refuse" a chemical test when they take steps to avoid or delay chemical testing, such as pretending to breathe into a PAS or Breathalyzer device and purposely providing an insufficient sample. Improper and unexplained delays in complying with a request for chemical testing may also be considered a Pasadena DUI Refusal.
Prior to making an allegation of Pasadena DUI Refusal, a police officer must advise the DUI suspect of the consequences of refusing to take a chemical test, namely being charged with DUI pursuant to California Vehicle Code Section 23152(a) , loss of driving privileges, and the additional penalties that Pasadena DUI Refusal carries. Failure to do so may render an allegation of Pasadena DUI refusal null and void. If someone is unconscious during the reading of the admonition, this may also nullify a Pasadena Refusal allegation, as they were prevented from hearing and understanding the admonishment, and thus did not actively refuse to submit to chemical testing.
Other issues may complicate what is considered a Pasadena DUI Refusal. For example, if there are delays caused by the law enforcement agency, and not the DUI suspect, such delays would not support a refusal allegation. Furthermore, if someone has a medical condition that prevents them from complying with testing, and a viable option was not provided, that driver did not refuse testing. In these situations, having a skilled Pasadena DUI defense attorney exploring these issues can be crucial.
Recently, the U.S. Supreme Court ruled that police officers cannot forcibly take a blood sample from a DUI suspect without first getting a warrant. The holding in Missouri v. McNeely overruled previous California state law which permitted forcible blood draws. However, in these situations the chemical test results may be suppressed, but the Pasadena DUI Refusal allegation and subsequent VC 23152(a) DUI charge will be permitted to stand.
A Pasadena DUI Refusal to submit to chemical testing will trigger more serious penalties. Upon conviction of the underlying DUI charge, the sentencing judge is required to assess additional jail time for the Refusal allegation. For a first time DUI, this will be 48 hours in jail. A second DUI will result in a minimum of 96 hours in custody and a third will result in at least 10 days in jail. These jail sentences only cover the Refusal allegations, and may be assessed in addition to any other jail time imposed by the court.
The California Department of Vehicles also treats Pasadena DUI Refusals more harshly. For first time offenders, a refusal allegation triggers a one year suspension with no allowance for a restricted license. For drivers with prior DUI suspensions on their driving record, a refusal allegation will cause an additional one-year suspension in addition to whatever the license suspension would normally be.
Because of the harsh penalties that Pasadena DUI Refusals carry, it is imperative that you have a skilled Pasadena DUI Refusal attorney on your side. Pasadena DUI Refusal attorney Michael Kraut has extensive knowledge and experience in handling many of the complex legal issues that often arise with Pasadena DUI Refusal charges. As a former deputy district attorney assigned to the Pasadena Courthouse, Mr. Kraut is highly respected by prosecutors and law enforcement officials and has a deep knowledge and understanding of the law. Mr. Kraut is repeatedly called upon to represent members of law enforcement and family and friends of court staff because of his unique knowledge of DUI law and procedure.
For more information about Pasadena DUI Refusals, and to schedule your free consultation, contactPasadena DUI Refusal Attorney Michael Kraut at the Kraut Law Group located at790 East Colorado Boulevard, 9th Floor, Pasadena, CA 91101. Mr. Kraut can be reached 24/7 at 888-334-6344 or 626-345-1899.