What Are The Consequences If I Refused To Submit To Chemical Testing? (CVC 23612)
What Are The Consequences If I Refused To Submit To Chemical Testing? (CVC 23612)
According to California Vehicle Code section 23612, if you are arrested for a DUI offense committed in violation of California Vehicle Code section 23140, 23152 or 23153, you are deemed to have given your consent to chemical testing through either a blood or breath test to determine the alcohol content of your blood. If a blood test is unavailable, you may be required to submit to a urine test. This…
Read MoreDo I Have The Right to Refuse a Field Sobriety Test For a DUI?
Do I Have The Right to Refuse a Field Sobriety Test For a DUI? When you are stopped for suspicion of driving while under the influence pursuant to California Vehicle Code 23152, it is your right to refuse to take a field sobriety test because you have not been arrested yet. At Wallin & Klarich, we advise our clients to politely refuse to take any field sobriety tests because they…
Read MoreChemical Test Refusal Must Be Voluntary, Knowing Waiver
Chemical Test Refusal Must Be Voluntary, Knowing Waiver The decision by the Defendant to decline to submit to any further chemical test is not a valid waiver of the right to collect evidence unless it is voluntarily, knowingly, and intelligently made. In the case of an additional chemical test, a “knowingly and intelligently” made decision requires the Defendant to have knowledge of the breath test result and its potential inaccuracies.…
Read MoreDUI CHEMICAL TEST REFUSAL (Part 2) — Does Silence Amount to a DUI Refusal?
The chemical test admonition on the DS367 provides the licensee important information that must be made known to the licensee. The licensee must be informed of his required duties and his constitutional rights before he can act. Obviously, without this information it is impossible for the licensee to make an informed decision. However, silence alone does not always amount to a refusal because it should not be viewed in a…
Read MoreImportant DUI Test Refusal
Important DUI Test Refusal California Vehicle Code §23612(a)(1)(D) speaks in mandatory, not discretionary, terms of the requirement that a licensee be informed of his duty to take a test and the consequences for failing to take a test. It thus follows that if a person is not informed of his rights and duties that no suspension can stand. “Proper warning of the consequences of refusal of a motorist arrested for…
Read MoreHow Hoberman-Kelly v. Valverde Forever Changed DUI Testing
How Hoberman-Kelly v. Valverde Forever Changed DUI Testing In Hoberman-Kelly v. Valverde (2013), the court ruled that suspension of plaintiff's driver's license was improper when the officer's reading of the necessary admonitions was mechanical, and he made no attempt to dispel plaintiff's confusion as to the right to contact counsel, and when plaintiff stated she would submit to a blood test. DUI Implied Consent Law Hoberman-Kelly was arrested on July…
Read MoreWhat Is The DUI Implied Consent Law? CVC – 23152a
What Is The DUI Implied Consent Law? CVC - 23152a Being arrested for drinking and driving can be scary and confusing. You have many questions that you want answered. Only an experienced DUI attorney can provide you with accurate information about your case and your possible defenses. If you have been charged with a DUI orviolated the DUI implied consent law, it is important for you to contact an attorney…
Read MoreUrine Test No Longer an Option in DUI Arrests Unless Blood or Breath Test Not Available
Urine Test No Longer an Option in DUI Arrests Unless Blood or Breath Test Not Available California Vehicle Code section 23612 was recently changed to remove your ability to choose to take a urine test, instead of a blood or breath test, if you are arrested for driving under the influence (DUI). The law now requires that you take a blood test or breath test to determine the drug or…
Read MoreHow To Successfully Challenge A DUI Breath Test (CVC 23152a)
The Operator or Maintenance Officer did not Comply with All of the Rules California has judicially recognized rules and procedures to ensure the accuracy and reliability of breath testing. Accordingly, DUI defense lawyers focus their attacks on any violations of the rules that may affect the accuracy and reliability of their breath test results. If the operator or maintenance officer ignored, skipped, or otherwise violated an administrative rule, the breath…
Read MoreMiranda & DUI Defenses – The Typical DUI Traffic Stop Is Considered Non-Custodial
The typical DUI traffic stop is considered non-custodial, even if the driver is briefly detained. If there are Field Sobriety Tests (FSTs) given during that brief, non-custodial detention, Miranda generally does not apply and thus need not be read to a DUI suspect. For Miranda to apply, the defendant must be: (1) in custody; (2) under interrogation; (3) by a police officer. DUI suspects and DUI defense attorneys alike may…
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