If you were pulled over for driving under the influence and law enforcement failed to obtain a chemical sample of your blood, breath or urine, it may be alleged that you violated California’s Implied Consent Law. The Implied Consent Law requires you to provide a chemical sample of your blood, breath, or urine following a valid police stop and arrest. The police stop is valid if the officer had reasonable cause to believe you were driving a motor vehicle under the influence of alcohol and/or drugs. This is why it is important to have a DUI attorney in Southern California advising you after such an event occurs.
The specific facts and circumstances surrounding your DUI stop and arrest determines whether you provided law enforcement a chemical sample or if you refused to do so. Did the officer read to you proper admonishment describing your legal duty under the law? Did the officer create confusion surrounding which alcohol test was voluntary and which was required by law? If so, you may have a valid DUI defense to an allegation that you refused to submit to a chemical test of your blood, breath or urine. If it is determined in court that you refused to submit to the required blood or DUI breath test, this can lead to a required sentence in jail as well as a much longer suspension of your driving privilege. It is for these reasons that it is critical you seek the advice of an experienced DUI defense law firm if you are accused of a “refusal”.
The aggressive Southern California criminal defense lawyers at Wallin & Klarich have been defending the rights of those facing criminal charges such as DUI for over 30 years. We know what it takes to ensure that you keep your driver’s license and may be able to get your DUI charges reduced or even dismissed. Contact Wallin & Klarich today to learn more about how we can help. Call us today at (877) 4-NO-JAIL or (877) 466-5245.