El Monte DUI Refusal Defense
Defense For Refusing A Breathalyzer in El Monte, California
Because of the severe punishments meted out to DUI offenders in El Monte, it is essnetial iin such cases to contact an experienced and reliable DUI Lawyer.
The Implications of El Monte Laws For Those Who Refuse To Blow
When a police officer has reasonable grounds to suspect that the accused is driving under the influence, it is a criminal offense in El Monte for that person to refuse to give a breath sample. The sample is required to assess the Blood Alcohol Concentration (BAC) in the driver’s body. In such cases, the person will be charged with refusing to provide a sample. Additionally, the accused will also be charged with impaired driving as well.
The first thing you should do when you are charged with refusing to take a breathalyzer in El Monte, California is to get in touch with an experienced and reliable El Monte DUI lawyer who will prepare your DUI refusal defense. There are several angles that can be taken into account when dealing with this law. Our team of DUI lawyers has consistently been successful in getting a DUI refusal dismissed in the courts of El Monte.
The Consequences and Penalties You Should Expect If You Refuse To Blow in El Monte
If you refuse to blow by failing to give a sample of your breath, after a reasonable and lawful demand has been made by a police officer, you will be attracting stiff penalties and harsh punishments in El Monte courts. There are several consequences to a refusal.
The major consequences of a breathalyzer test refusal in California are:
- Increased penalties in addition to the standard California DUI penalties
- A mandatory driver’s license suspension that will occur regardless of the outcome in your DUI case.
- This is because of the “implied consent” law in California. As per this law, you have no right to refuse a DUI breath test once you are lawfully arrested for DUI.
The “implied consent law” in California applied to DUI blood tests as well as to breath tests. But the Supreme Court of the United States has recently suggested that penal action may not be taken against defendants for refusing to take blood tests in cases where the police have not obtained a warrant.
If proved guilty of the offense, first-time offenders will automatically face additional jail time of 96 hours and a 2 year license revocation. For second time offenders, additional jail time of 10 extra days and 3 year license revocation. For third time offenders, 18 extra days in jail and a 3 year license revocation.
Those who do not have a criminal record have to know for sure that the decision to refuse to blow may cost them their good reputation by giving them a record.
Do Not Hesitate To Contact Us If You Have Received A DUI Offense in El Monte
Types Of DUI Charges:
Consequences Of A DUI:
How to Effectively Build a DUI Refusal Defense in El Monte, CA
Usually, a lot of people have a common misconception that fighting a California DUI Refusal charge is impossible. However, there are a lot of effective ways that can be resorted to in order to fight a DUI Refusal charge. When a person is accused of refusing to submit to a blood or breath alcohol test, they are charged with driving under the influence of alcohol in violation of California Vehicle Code Section 23152(a) with the further allegation that they refused a chemical test as required by Section 23612 of the California Vehicle Code, deliberately.
When you contact our El Monte DUI Lawyers to try and beat a DUI refusal, we zealously advocate on your behalf by focusing on a number of issues that might have been a legitimate basis for refusing a breathalyzer. These may include:
- Mental grounds where the accused was so drunk or inebriated with drugs that he/she was unable to understand the demand being made or the effects of the refusal.
- Incapacitation due to medical reasons.
- Not given the right to meet or consult with counsel before providing the breath sample.
- The breathalyzer equipment not giving accurate results.
- The police officer had no reasonable and probable grounds to suspect that an offense under DUI laws has been committed and hence there was no sufficient reason for the person to take the test.
- Not driving under the influence.
- Failure to provide appropriate warning.
Contact a Defense Lawyer Immediately If You Refuse To Blow in El Monte
You will be assured that your refusal to take a breathalyzer test and your impaired driving charges are fought on highly technical grounds when we receive details of an arrest if you refuse to blow. This includes whether the police officer followed the rules that he must obey in administering the tests, and whether the driver had a valid reason for refusing the test.
Moreover, it has to be proven beyond a reasonable doubt by the prosecution that the police officer fulfilled all of his legal obligations. This includes confirming that the person who had been asked to take the breath test understands what he or she was required to do, and the consequences of refusing to do so. Therefore, if you have been arrested, our DUI refusal defense will depend on these kinds of factors, which depend on technical, constitutional grounds.
The Chances of Getting a DUI Refusal Dismissed in the Courts of El Monte
Although a common misconception is that, under the laws in El Monte, California, it is very difficult to get a DUI refusal dismissed because the laws are very strict regarding refuse to blow cases. However, a reliable El Monte DUI Lawyer can prepare an outstanding DUI refusal defense for you. It will primarily be based on whether all of the necessary regulations and conditions have been fulfilled before the officer asks you to perform the test. In most cases, we are able to point out flaws in the prosecution’s argument, especially when it comes to officer’s compliance with these rules, in building the best defense possible.
We Are Your Best Option When Trying To Beat A DUI Refusal in El Monte
If you are charged with refusing a breathalyzer and impaired driving, contact our El Monte DUI lawyer immediately. Time is of the essence in such situations because our DUI refusal defense is largely based on technical and constitutional grounds that pertain to the collection of evidence collected from the site as well as cross-examining prosecution witnesses. We also offer a DUI expungement service for those who have already been convicted and want their DUI records gotten rid of. Give us a call today to experience our great services.