Tuesday, May 20, 2008

California DUI lawyer news - refusal cases

May 20, 2008

California DUI attorney news

California DUI refusal

http://www.sandiegoduihelp.com/duiblog/2008/05/refusal-statutes-and-laws-in-california.html

When a California DUI suspect refuses to take a chemical test,
both the California DUI lawyer and the prosecution are presented
with challenges and opportunities.

California has a law called the informed consent law of chemical
testing. What this means is that when you got your drivers
license, you agreed (although you probably did not realize it at the
time) that in exchange for the state giving you your drivers license,
you agreed to submit to a chemical test. This law means that the
state does not need a warrant or other court order to have you submit
to a chemical test.

If a California DUI suspect is arrested and after arrest is given the opportunity
to take a chemical test such as a breath, blood, or urine test, and
refuses to take any chemical test, the DUI suspect will be charged with
an additional crime of refusing a chemical test, California DUI lawyers say.

As long as there is no forced blood draw, the DUI suspect who refuses to take a chemical test can potentially gain some advantages by refusing. Unless a forced blood draw, the prosecution does not have a blood level number to rely upon and has the more difficult job of proving impairment as defined in California 's jury instructions. However, this is of limited value according to most California DUI lawyers.

Many DUI defendants are charged with refusal because at the time they
were asked to take a chemical test, the DUI defendant believed that
they had the right to speak to a California DUI lawyer.
While this may be the law in some states, it is not the law in California. This
mistaken belief has lead to many refusal cases, per California DUI lawyers.

In many California DUI lawyer cases, the defendant agrees to take the voluntary field
sobriety tests while refusing to take the mandatory chemical
test. What this means is that in many refusal cases, the
prosecutor still has evidence of impairment through the officer's
testimony about the DUI suspect's performance on the field sobriety
tests.

Another common error DUI defendants tell California DUI lawyers is to assume that by
submitting to the preliminary alcohol screening (PAS) test, that they
have satisfied their obligation to give a chemical test.
In some California DUI lawyer cases, under the right facts, this can be a winning argument. However, in most California DUI lawyer cases, the refusal will still be charged.

California DUI lawyers report that many prosecutors and judges can be very hostile towards a DUI defendant who has refused a chemical test. This hostility can be expressed in increased jail time and extended alcohol education programs.

If the DUI defendant decides to go to trial and is found innocent of
the charge of driving while intoxicated, than the defendant can't be
found guilty of refusing a chemical test, California DUI lawyers explain.

During the trial, the California DUI attorney will given an instruction that the act of the DUI defendant refusing to take a chemical test is evidence that the
DUI defendant was conscious of his own guilt of the charge of DUI.

In some California DUI lawyer cases and before some jurors, this can pose a
significant challenge.

Given the challenges and risks to both the prosecution and California DUI lawyer,
many refusal cases are settled with some reduced/lesser charge to the defendant as long as a good California DUI lawyer is employed.

California DUI lawyers warn that persons under the age of 21 face very
severe penalties for refusing a breath test.