Los Angeles DUI Lawyers Battles Drunk Driving Cases with Refusal To Submit Enhancement Penalties
You have probably heard that no matter what a refusal to submit for an alcohol breathalyzer can actually benefit your case. Depending on who you’re speaking with, they might disagree and say that compliance is your best friend when dealing with any type of traffic stop, but especially in a DUI arrest. This is where our California DUI enhancements law firm can help.
Drunk Driving Attorneys Explain What Happens in a CA DUI Case When You Refuse To Submit To Testing
So, you’re left wondering what the truth is? Is it best to adhere to an alcohol analysis—on site or even later thereafter? Or are you protecting yourself by refusing? The L.A. County DUI attorneys of Braden & Tucci are here to dispel the myths surrounding these questions and explain the truth about the refusal to submit DUI enhancement penalty.
What is the Refusal to Submit DUI Enhancement Penalty?
One thing that is confusing about DUI stops is that many people don’t know if they are “allowed” to exercise their right to say no to a sobriety test. Here at Braden & Tucci, we are committed to protecting your rights at all costs, so we will be honest with you: you technically can refuse to submit to a sobriety test of any kind, but that does not mean that there are certain circumstances where you could face future punishments for doing so.
The refusal to submit enhancement penalty allows prosecutors to revoke your license for at least a year and local authorities also have the right to detain you for 48 hours. Because they are unable to prove with statistical information that you are definitely under the influence but have their own reasoning for pulling you over in the first place, they have the right to make sure you’re not a threat to other drivers on the road. California law shows that arresting you for 48 hours will ensure that you’re sober when you leave and less of a threat to society.
However, in California, there is such thing as implied consent, which can also throw the refusal to submit enhancement for a loop.
What is Implied Consent and How Does It Apply to California DUI Cases?
“Implied Consent” is a type of legal consent that is not verbally or physically expressed by a specific person, but rather inferred by the situation the person is in. This can also be imputed by the law. With that being said, California implied consent laws pertaining to a DUI stop actually implies that driver has already given their consent to a blood alcohol content (BAC) test upon being arrested for a DUI.
Keywords being upon being arrested for a DUI, which means that the driver will be required to submit a chemical test after they have been arrested. California drivers still reserve the right to refuse a roadside BAC test.
Can you see how the refusal to submit enhancement can be a bit tricky to navigate on your own? Whether you have exercised the right to refuse a chemical test or not, it’s imperative to hire a qualified DUI attorney in Los Angeles to defend you.
DUI Defense Attorneys Explains the Difference Between Blood Alcohol, Breath, and Urine Tests
California state law considers a driver to be legally intoxicated and prohibited from driving when the blood alcohol content (BAC) level is 0.08% or higher. There are three different analysis that you can submit (or refuse to submit) to that can test for BAC: blood, breath, and urine. We’ve already explained what a refusal to submit to an alcohol test can result in, but our attorneys also think that it’s important to explain each of these tests in detail so that you can appropriately exercise your rights.
BAC Blood Tests
One of the most solid forms of evidence against DUI drivers is BAC blood tests because it measures the toxicity in your actual bloodstream. Blood alcohol tests are considered more accurate and definitely require a strong defense against. As mentioned earlier, California law may add additional punishments, fines, or charges to your case because of the refusal to submit to testing, whether it’s your first offense or not.
BAC Breath Tests
Although not the most accurate, BAC breath tests are the most convenient of all BAC testing methods. Breath analysis devices, or breathalyzers, are lightweight, portable, and provide immediate results. Breathalyzer results, particularly those from fuel cell sensor breath tests, are considered sufficient evidence in a court of law. As mentioned above, you can refuse roadside breathalyzers as well.
BAC Urine Tests
The least accurate of all three BAC tests is the urine test. Since urine tests can only be performed in certain scenarios (and never at a traffic stop), the test results are affected by the passage of time. This means that the BAC level could be higher or lower, providing intrusive results. This chemical test is usually only taken if the other two options are not available.
Have You Exercised Refusal To Submit to a Chemical Test? Hire an Aggressive Los Angeles DUI Attorney!
California DUI laws can be confusing if you’re trying to handle your case on your own. If you’re looking for the best DUI lawyer in L.A., look no further. Here at Braden & Tucci, our legal team offers the support, resources, and effective defense that you need to protect your rights against DUI charges and sentencing enhancements.
Don’t hesitate to give us a call today. Our friendly receptionist will schedule a consultation appointment that works within your schedule so that you can get to know us better while we explore the details of your case. Call now at (213) 935-7550!